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1 | | employer. |
2 | | "Conviction" means a judgment of conviction or sentence |
3 | | entered upon a plea of guilty or upon a verdict or finding of |
4 | | guilty of a criminal offense, rendered by a legally constituted |
5 | | jury or by a court in a case without a jury. For purposes of |
6 | | this Act, an order of supervision or qualified probation, as |
7 | | defined by Section 5.2 of the Criminal Identification Act, that |
8 | | has been discharged or dismissed shall not be deemed a |
9 | | conviction. |
10 | | "Criminal history record information" means records of |
11 | | arrest, complaint, indictment, or any disposition arising |
12 | | therefrom. |
13 | | "Criminal history report" means any written, oral, or other |
14 | | communication of information that includes criminal history |
15 | | record information about a natural person, produced by law |
16 | | enforcement or police agencies, courts, a consumer reporting |
17 | | agency, or an employment screening agency or business. |
18 | | "Direct relationship" means a consideration of whether the |
19 | | employment position offers the opportunity for the same or a |
20 | | similar offense to occur and whether circumstances leading to |
21 | | the conduct for which the person was convicted will recur in |
22 | | the employment position. |
23 | | "Employee" means an individual who receives compensation |
24 | | for performing services for an employer under an express or |
25 | | implied contract of hire. |
26 | | "Employer" means an individual or entity that permits one |
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1 | | or more individuals to work, accepts applications for |
2 | | employment, or is an agent of an employer. |
3 | | "Employment" means any occupation or vocation, including, |
4 | | but not limited to, temporary or seasonal work, work through a |
5 | | temporary or other employment agency, or any form of vocational |
6 | | or educational training program for which an individual |
7 | | receives compensation for performing services for an employer |
8 | | under an express or implied contract for hire. |
9 | | Section 1-10. Use of criminal history record information. |
10 | | (a) An employer may not base an adverse action, in whole or |
11 | | in part, against an employee or applicant, based on criminal |
12 | | history record information without adhering to the |
13 | | requirements of this Act. Unless authorized by law, no inquiry |
14 | | or adverse action may be taken, based in whole or in part on: |
15 | | (1) an arrest not leading to conviction; |
16 | | (2) participation in or completion of a diversion or a |
17 | | deferral of judgment program; |
18 | | (3) a conviction that has been vacated or ordered |
19 | | expunged, sealed, or impounded by a court; |
20 | | (4) an adjudication or other information regarding a |
21 | | matter processed through the juvenile court system; or |
22 | | (5) information pertaining to an offense other than a |
23 | | felony or misdemeanor.
|
24 | | (b) Before taking any adverse action based, in whole in |
25 | | part, on criminal history record information, the employer or |
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1 | | the employer's agent shall provide the applicant or employee a |
2 | | written notice that includes: |
3 | | (1) a copy of any criminal history report about the |
4 | | individual obtained by the employer; |
5 | | (2) the specific conviction or convictions that have a |
6 | | direct relationship to the employment sought or for which |
7 | | there is a federal, State, or local law prohibiting the |
8 | | employer from employing or placing the applicant or |
9 | | employee; |
10 | | (3) a clear statement informing the applicant or |
11 | | employee that he or she may provide information to the |
12 | | employer that: |
13 | | (A) the criminal history record information is |
14 | | inaccurate; |
15 | | (B) the criminal history information is prohibited |
16 | | from inquiry or consideration under Section (a); or |
17 | | (C) there are mitigating circumstances that |
18 | | demonstrate the individual's fitness for the position |
19 | | including, but not limited to, activities since the |
20 | | date of the offense and evidence of rehabilitation. |
21 | | An employee or applicant has a period of not less than 7 |
22 | | days from the date of notice within which the applicant or |
23 | | employee may provide to the employer information concerning |
24 | | rehabilitation and mitigating circumstances. |
25 | | (c) An employer shall conduct a good faith, individualized |
26 | | assessment of any information provided by the applicant or |
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1 | | employee before taking a final adverse action. This assessment |
2 | | shall include any evidence of mitigation or rehabilitation |
3 | | since the conviction or evidence about the accuracy of criminal |
4 | | history record information provided by the applicant or |
5 | | employee. |
6 | | (d) An employer must hold the position sought by the |
7 | | applicant or employee open until the individual provides |
8 | | additional information and the review of that information under |
9 | | subsection (c) or until the period of time to provide |
10 | | additional information under subsection (c) has passed if no |
11 | | information is provided. At or before the time the employer |
12 | | fills the position, the employer must provide the applicant or |
13 | | employee with a final written determination that includes the |
14 | | following: |
15 | | (1) a statement of the employer's final determination; |
16 | | (2) a description of an appeal process, if any; and |
17 | | (3) the earliest date, if any, when the individual may |
18 | | reapply for the position. |
19 | | Section 1-15. Retaliatory or discriminatory acts. A person |
20 | | shall not retaliate or discriminate against an applicant or |
21 | | employee because the person has done or was about to do any of |
22 | | the following: |
23 | | (1) File a complaint under this Act. |
24 | | (2) Testify, assist, or participate in an |
25 | | investigation, proceeding, or action concerning a |
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1 | | violation of this Act. |
2 | | (3) Oppose a violation of this Act. |
3 | | Section 1-20. Waiver. An employer shall not require an |
4 | | applicant or employee to waive any right under this Act. An |
5 | | agreement by an applicant or employee to waive any right under |
6 | | this Act is invalid and unenforceable. |
7 | | Section 1-25. Remedies for violation of the Act. An |
8 | | applicant or employee denied employment or discharged from |
9 | | employment because of his or her criminal history in violation |
10 | | of this Act may recover from the employer in a civil action: |
11 | | (1) damages in the amount of $2,000 or actual damages, |
12 | | whichever is greater; |
13 | | (2) costs and such reasonable attorney's fees as may be |
14 | | allowed by the court; and |
15 | | (3) any other relief as may be appropriate, including |
16 | | punitive damages. |
17 | | Section 1-30. Civil immunity. Except for willful or wanton |
18 | | misconduct or when required by law, an employer shall not be |
19 | | civilly liable for failure to consider criminal history record |
20 | | information of an applicant or employee or for limiting its |
21 | | inquiry into an applicant's or employee's criminal history |
22 | | pursuant to this Act.
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1 | | Article 10. |
2 | | Section 10-5. The Business Enterprise for Minorities, |
3 | | Women, and Persons with
Disabilities Act is amended by changing |
4 | | Section 4 as follows:
|
5 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
|
6 | | (Section scheduled to be repealed on June 30, 2024)
|
7 | | Sec. 4. Award of State contracts.
|
8 | | (a) Except as provided in subsection (b), not less than 30% |
9 | | 20% of
the total dollar amount of State contracts, as defined |
10 | | by the Secretary of
the Council and approved by the Council, |
11 | | shall be established as an aspirational goal to
be awarded to |
12 | | businesses owned by minorities,
women, and persons with |
13 | | disabilities; provided, however, that
of the total amount of |
14 | | all
State contracts awarded to businesses owned by
minorities, |
15 | | women, and persons with disabilities pursuant to
this Section, |
16 | | contracts representing at least 16% 11% shall be awarded to |
17 | | businesses owned by minorities, contracts representing at |
18 | | least 10% 7% shall be awarded to women-owned businesses, and |
19 | | contracts representing at least 4% 2% shall be awarded to |
20 | | businesses owned by persons with disabilities.
|
21 | | (a-5) In addition to the aspirational goals in awarding |
22 | | State contracts set under subsection (a), the Department of |
23 | | Central Management Services shall by rule further establish |
24 | | committed diversity aspirational goals for State contracts |
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1 | | awarded to businesses owned by minorities, women, and persons |
2 | | with disabilities. Such efforts shall include, but not be |
3 | | limited to, further concerted outreach efforts to businesses |
4 | | owned by minorities, women, and persons with disabilities. |
5 | | The above percentage relates to the total dollar amount of |
6 | | State
contracts during each State fiscal year, calculated by |
7 | | examining
independently each type of contract for each agency |
8 | | or public institutions of higher education which
lets such |
9 | | contracts. Only that percentage of arrangements which |
10 | | represents the participation of businesses owned by
|
11 | | minorities, women, and persons with disabilities on such |
12 | | contracts shall
be included. State contracts subject to the |
13 | | requirements of this Act shall include the requirement that |
14 | | only expenditures to businesses owned by minorities, women, and |
15 | | persons with disabilities that perform a commercially useful |
16 | | function may be counted toward the goals set forth by this Act. |
17 | | Contracts shall include a definition of "commercially useful |
18 | | function" that is consistent with 49 CFR 26.55(c).
|
19 | | (b) Not less
than 20% of the total dollar amount of State |
20 | | construction contracts is
established as an aspirational goal |
21 | | to be awarded to businesses owned by minorities, women, and |
22 | | persons with disabilities; provided that, contracts |
23 | | representing at least 11% of the total dollar amount of State |
24 | | construction contracts shall be awarded to businesses owned by |
25 | | minorities; contracts representing at least 7% of the total |
26 | | dollar amount of State construction contracts shall be awarded |
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1 | | to women-owned businesses; and contracts representing at least |
2 | | 2% of the total dollar amount of State construction contracts |
3 | | shall be awarded to businesses owned by persons with |
4 | | disabilities.
|
5 | | (c) (Blank). |
6 | | (d) Within one year after April 28, 2009 (the effective |
7 | | date of Public Act 96-8), the Department of Central Management |
8 | | Services shall conduct a social scientific study that measures |
9 | | the impact of discrimination on minority and women business |
10 | | development in Illinois. Within 18 months after April 28, 2009 |
11 | | (the effective date of Public Act 96-8), the Department shall |
12 | | issue a report of its findings and any recommendations on |
13 | | whether to adjust the goals for minority and women |
14 | | participation established in this Act. Copies of this report |
15 | | and the social scientific study shall be filed with the |
16 | | Governor and the General Assembly. |
17 | | By December 1, 2020, the Department of Central Management |
18 | | Services shall conduct a new social scientific study that |
19 | | measures the impact of discrimination on minority and women |
20 | | business development in Illinois. By June 1, 2022, the |
21 | | Department shall issue a report of its findings and any |
22 | | recommendations on whether to adjust the goals for minority and |
23 | | women participation established in this Act. Copies of this |
24 | | report and the social scientific study shall be filed with the |
25 | | Governor , the Advisory Board, and the General Assembly. By |
26 | | December 1, 2022, the Department of Central Management Services |
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1 | | Business Enterprise Program shall develop a model for social |
2 | | scientific disparity study sourcing for local governmental |
3 | | units to adapt and implement to address regional disparities in |
4 | | public procurement. |
5 | | (e) Except as permitted under this Act or as otherwise |
6 | | mandated by federal law or regulation, those who submit bids or |
7 | | proposals for State contracts subject to the provisions of this |
8 | | Act, whose bids or proposals are successful and include a |
9 | | utilization plan but that fail to meet the goals set forth in |
10 | | subsection (b) of this Section, shall be notified of that |
11 | | deficiency and shall be afforded a period not to exceed 10 |
12 | | calendar days from the date of notification to cure that |
13 | | deficiency in the bid or proposal. The deficiency in the bid or |
14 | | proposal may only be cured by contracting with additional |
15 | | subcontractors who are owned by minorities or women. Any |
16 | | increase in cost to
a contract for the addition of a |
17 | | subcontractor to cure a bid's deficiency shall not affect the |
18 | | bid price,
shall not be used in the request for an exemption in |
19 | | this Act, and in no case shall an identified subcontractor with |
20 | | a certification made pursuant to this Act be terminated from |
21 | | the contract without the written consent of the State agency or |
22 | | public institution of higher education entering into the |
23 | | contract. |
24 | | (f) Non-construction solicitations that include Business |
25 | | Enterprise Program participation goals shall require bidders |
26 | | and offerors to include utilization plans. Utilization plans |
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1 | | are due at the time of bid or offer submission. Failure to |
2 | | complete and include a utilization plan, including |
3 | | documentation demonstrating good faith effort when requesting |
4 | | a waiver, shall render the bid or offer non-responsive. |
5 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; |
6 | | 101-601, eff. 1-1-20; revised 10-26-20.) |
7 | | Article 20. |
8 | | Section 20-5. The Illinois Public Labor Relations Act is |
9 | | amended by adding Section 9.5 as follows: |
10 | | (5 ILCS 315/9.5 new) |
11 | | Sec. 9.5. Labor organization diverse membership. Any labor |
12 | | organization that is selected as the exclusive representative |
13 | | of the employees of a bargaining unit and subject to the |
14 | | provisions of this Act shall take actions to establish and |
15 | | maintain membership that includes Descendants of American |
16 | | Slavery that is proportionate to the percentage of such persons |
17 | | who are residents of this State, and shall report those actions |
18 | | to the Business Enterprise Council for Minorities, Women, and |
19 | | Persons with Disabilities. For the purposes of this Section, |
20 | | "Descendants of American Slavery" means a person as described |
21 | | within the meaning of "minority person" under Section 2 of the |
22 | | Business Enterprise for Minorities, Women, and Persons with |
23 | | Disabilities Act. |
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1 | | Section 20-10. The Business Enterprise for Minorities, |
2 | | Women, and Persons with
Disabilities Act is amended by changing |
3 | | Sections 2, 4, 4f, 6, 7, and 8f as follows:
|
4 | | (30 ILCS 575/2)
|
5 | | (Section scheduled to be repealed on June 30, 2024) |
6 | | Sec. 2. Definitions.
|
7 | | (A) For the purpose of this Act, the following
terms shall |
8 | | have the following definitions:
|
9 | | (1) "Minority person" shall mean a person who is a |
10 | | citizen or lawful
permanent resident of the United States |
11 | | and who is any of the following:
|
12 | | (a) American Indian or Alaska Native (a person |
13 | | having origins in any of the original peoples of North |
14 | | and South America, including Central America, and who |
15 | | maintains tribal affiliation or community attachment). |
16 | | (b) Asian (a person having origins in any of the |
17 | | original peoples of the Far East, Southeast Asia, or |
18 | | the Indian subcontinent, including, but not limited |
19 | | to, Cambodia, China, India, Japan, Korea, Malaysia, |
20 | | Pakistan, the Philippine Islands, Thailand, and |
21 | | Vietnam). |
22 | | (c) Black or African American (a person having |
23 | | origins in any of the black racial groups of Africa). |
24 | | (c-5) Descendant of American Slavery (a person |
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1 | | having direct ancestral lineage to victims of slavery |
2 | | in the United States of America). |
3 | | (d) Hispanic or Latino (a person of Cuban, Mexican, |
4 | | Puerto Rican, South or Central American, or other |
5 | | Spanish culture or origin, regardless of race). |
6 | | (e) Native Hawaiian or Other Pacific Islander (a |
7 | | person having origins in any of the original peoples of |
8 | | Hawaii, Guam, Samoa, or other Pacific Islands).
|
9 | | (2) "Woman" shall mean a person who is a citizen or |
10 | | lawful permanent
resident of the United States and who is |
11 | | of the female gender.
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12 | | (2.05) "Person with a disability" means a person who is |
13 | | a citizen or
lawful resident of the United States and is a |
14 | | person qualifying as a person with a disability under |
15 | | subdivision (2.1) of this subsection (A).
|
16 | | (2.1) "Person with a disability" means a person with a |
17 | | severe physical or mental disability that:
|
18 | | (a) results from:
|
19 | | amputation,
|
20 | | arthritis,
|
21 | | autism,
|
22 | | blindness,
|
23 | | burn injury,
|
24 | | cancer,
|
25 | | cerebral palsy,
|
26 | | Crohn's disease, |
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1 | | cystic fibrosis,
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2 | | deafness,
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3 | | head injury,
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4 | | heart disease,
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5 | | hemiplegia,
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6 | | hemophilia,
|
7 | | respiratory or pulmonary dysfunction,
|
8 | | an intellectual disability,
|
9 | | mental illness,
|
10 | | multiple sclerosis,
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11 | | muscular dystrophy,
|
12 | | musculoskeletal disorders,
|
13 | | neurological disorders, including stroke and |
14 | | epilepsy,
|
15 | | paraplegia,
|
16 | | quadriplegia and other spinal cord conditions,
|
17 | | sickle cell anemia,
|
18 | | ulcerative colitis, |
19 | | specific learning disabilities, or
|
20 | | end stage renal failure disease; and
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21 | | (b) substantially limits one or more of the |
22 | | person's major life activities.
|
23 | | Another disability or combination of disabilities may |
24 | | also be considered
as a severe disability for the purposes |
25 | | of item (a) of this
subdivision (2.1) if it is determined |
26 | | by an evaluation of
rehabilitation potential to
cause a |
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1 | | comparable degree of substantial functional limitation |
2 | | similar to
the specific list of disabilities listed in item |
3 | | (a) of this
subdivision (2.1).
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4 | | (3) "Minority-owned business" means a business which |
5 | | is at least
51% owned by one or more minority persons, or |
6 | | in the case of a
corporation, at least 51% of the stock in |
7 | | which is owned by one or
more minority persons; and the |
8 | | management and daily business operations of
which are |
9 | | controlled by one or more of the minority individuals who |
10 | | own it.
|
11 | | (4) "Women-owned business" means a business which is at |
12 | | least
51% owned by one or more women, or, in the case of a |
13 | | corporation, at
least 51% of the stock in which is owned by |
14 | | one or more women; and the
management and daily business |
15 | | operations of which are controlled by one or
more of the |
16 | | women who own it.
|
17 | | (4.1) "Business owned by a person with a disability" |
18 | | means a business
that is at least 51% owned by one or more |
19 | | persons with a disability
and the management and daily |
20 | | business operations of which
are controlled by one or more |
21 | | of the persons with disabilities who own it. A
|
22 | | not-for-profit agency for persons with disabilities that |
23 | | is exempt from
taxation under Section 501 of the Internal |
24 | | Revenue Code of 1986 is also
considered a "business owned |
25 | | by a person with a disability".
|
26 | | (4.2) "Council" means the Business Enterprise Council |
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1 | | for Minorities, Women, and Persons with Disabilities |
2 | | created under Section 5 of this Act.
|
3 | | (5) "State contracts" means all contracts entered into |
4 | | by the State, any agency or department thereof, or any |
5 | | public institution of higher education, including |
6 | | community college districts, regardless of the source of |
7 | | the funds with which the contracts are paid, which are not |
8 | | subject to federal reimbursement. "State contracts" does |
9 | | not include contracts awarded by a retirement system, |
10 | | pension fund, or investment board subject to Section |
11 | | 1-109.1 of the Illinois Pension Code. This definition shall |
12 | | control over any existing definition under this Act or |
13 | | applicable administrative rule.
|
14 | | "State construction contracts" means all State |
15 | | contracts entered
into by a State agency or public |
16 | | institution of higher education for the repair, |
17 | | remodeling,
renovation or
construction of a building or |
18 | | structure, or for the construction or
maintenance of a |
19 | | highway defined in Article 2 of the Illinois Highway
Code.
|
20 | | (6) "State agencies" shall mean all departments, |
21 | | officers, boards,
commissions, institutions and bodies |
22 | | politic and corporate of the State,
but does not include |
23 | | the Board of Trustees of the University of Illinois,
the |
24 | | Board of Trustees of Southern Illinois University,
the |
25 | | Board of Trustees
of Chicago State University, the Board of |
26 | | Trustees of Eastern Illinois
University, the Board of |
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1 | | Trustees of Governors State University, the Board of
|
2 | | Trustees of Illinois State University, the Board of |
3 | | Trustees of Northeastern
Illinois
University, the Board of |
4 | | Trustees of Northern Illinois University, the Board of
|
5 | | Trustees of Western Illinois University,
municipalities or |
6 | | other local governmental units, or other State |
7 | | constitutional
officers.
|
8 | | (7) "Public institutions of higher education" means |
9 | | the University of Illinois, Southern Illinois University, |
10 | | Chicago State University, Eastern Illinois University, |
11 | | Governors State University, Illinois State University, |
12 | | Northeastern Illinois University, Northern Illinois |
13 | | University, Western Illinois University, the public |
14 | | community colleges of the State, and any other public |
15 | | universities, colleges, and community colleges now or |
16 | | hereafter established or authorized by the General |
17 | | Assembly.
|
18 | | (8) "Certification" means a determination made by the |
19 | | Council
or by one delegated authority from the Council to |
20 | | make certifications, or by
a State agency with statutory |
21 | | authority to make such a certification, that a
business |
22 | | entity is a business owned by a
minority, woman, or person |
23 | | with a disability for whatever
purpose. A business owned |
24 | | and controlled by women shall be certified as a |
25 | | "woman-owned business". A business owned and controlled by |
26 | | women who are also minorities shall be certified as both a |
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1 | | "women-owned business" and a "minority-owned business".
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2 | | (9) "Control" means the exclusive or ultimate and sole |
3 | | control of the
business including, but not limited to, |
4 | | capital investment and all other
financial matters, |
5 | | property, acquisitions, contract negotiations, legal
|
6 | | matters, officer-director-employee selection and |
7 | | comprehensive hiring,
operating responsibilities, |
8 | | cost-control matters, income and dividend
matters, |
9 | | financial transactions and rights of other shareholders or |
10 | | joint
partners. Control shall be real, substantial and |
11 | | continuing, not pro forma.
Control shall include the power |
12 | | to direct or cause the direction of the
management and |
13 | | policies of the business and to make the day-to-day as well
|
14 | | as major decisions in matters of policy, management and |
15 | | operations.
Control shall be exemplified by possessing the |
16 | | requisite knowledge and
expertise to run the particular |
17 | | business and control shall not include
simple majority or |
18 | | absentee ownership.
|
19 | | (10) "Business" means a business that has annual gross |
20 | | sales of less than $75,000,000 as evidenced by the federal |
21 | | income tax return of the business. A firm with gross sales |
22 | | in excess of this cap may apply to the Council for |
23 | | certification for a particular contract if the firm can |
24 | | demonstrate that the contract would have significant |
25 | | impact on businesses owned by minorities, women, or persons |
26 | | with disabilities as suppliers or subcontractors or in |
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1 | | employment of minorities, women, or persons with |
2 | | disabilities.
|
3 | | (11) "Utilization plan" means a form and additional |
4 | | documentations included in all bids or proposals that |
5 | | demonstrates a vendor's proposed utilization of vendors |
6 | | certified by the Business Enterprise Program to meet the |
7 | | targeted goal. The utilization plan shall demonstrate that |
8 | | the Vendor has either: (1) met the entire contract goal or |
9 | | (2) requested a full or partial waiver and made good faith |
10 | | efforts towards meeting the goal. |
11 | | (12) "Business Enterprise Program" means the Business |
12 | | Enterprise Program of the Department of Central Management |
13 | | Services. |
14 | | (B) When a business is owned at least 51% by any |
15 | | combination of
minority persons, women, or persons with |
16 | | disabilities,
even though none of the 3 classes alone holds at |
17 | | least a 51% interest, the
ownership
requirement for purposes of |
18 | | this Act is considered to be met. The
certification category |
19 | | for the business is that of the class holding the
largest |
20 | | ownership
interest in the business. If 2 or more classes have |
21 | | equal ownership interests,
the certification category shall be |
22 | | determined by
the business.
|
23 | | (Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
|
24 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
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25 | | (Section scheduled to be repealed on June 30, 2024)
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1 | | Sec. 4. Award of State contracts.
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2 | | (a) Except as provided in subsections subsection (b) and |
3 | | (b-5) , not less than 20% of
the total dollar amount of State |
4 | | contracts, as defined by the Secretary of
the Council and |
5 | | approved by the Council, shall be established as an |
6 | | aspirational goal to
be awarded to businesses owned by |
7 | | minorities,
women, and persons with disabilities; provided, |
8 | | however, that
of the total amount of all
State contracts |
9 | | awarded to businesses owned by
minorities, women, and persons |
10 | | with disabilities pursuant to
this Section, contracts |
11 | | representing at least 11% shall be awarded to businesses owned |
12 | | by minorities, contracts representing at least 7% shall be |
13 | | awarded to women-owned businesses, and contracts representing |
14 | | at least 2% shall be awarded to businesses owned by persons |
15 | | with disabilities.
|
16 | | The above percentage relates to the total dollar amount of |
17 | | State
contracts during each State fiscal year, calculated by |
18 | | examining
independently each type of contract for each agency |
19 | | or public institutions of higher education which
lets such |
20 | | contracts. Only that percentage of arrangements which |
21 | | represents the participation of businesses owned by
|
22 | | minorities, women, and persons with disabilities on such |
23 | | contracts shall
be included. State contracts subject to the |
24 | | requirements of this Act shall include the requirement that |
25 | | only expenditures to businesses owned by minorities, women, and |
26 | | persons with disabilities that perform a commercially useful |
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1 | | function may be counted toward the goals set forth by this Act. |
2 | | Contracts shall include a definition of "commercially useful |
3 | | function" that is consistent with 49 CFR 26.55(c).
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4 | | (b) Except as provided in subsection (b-5), not Not less
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5 | | than 20% of the total dollar amount of State construction |
6 | | contracts is
established as an aspirational goal to be awarded |
7 | | to businesses owned by minorities, women, and persons with |
8 | | disabilities; provided that, contracts representing at least |
9 | | 11% of the total dollar amount of State construction contracts |
10 | | shall be awarded to businesses owned by minorities; contracts |
11 | | representing at least 7% of the total dollar amount of State |
12 | | construction contracts shall be awarded to women-owned |
13 | | businesses; and contracts representing at least 2% of the total |
14 | | dollar amount of State construction contracts shall be awarded |
15 | | to businesses owned by persons with disabilities.
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16 | | (b-5) Notwithstanding the provisions of subsections (a) |
17 | | and (b), it shall be established as an aspirational goal to |
18 | | award State contracts to businesses owned by Descendants of |
19 | | American Slavery in a total dollar amount that is proportionate |
20 | | to the percentage of such persons who are residents of this |
21 | | State. |
22 | | Those who submit bids or proposals for State contracts |
23 | | subject to the provisions of this Act, whose bids or proposals |
24 | | are successful, but that fail to meet the goals set forth in |
25 | | this subsection (b-5), shall be notified of that deficiency and |
26 | | shall be afforded a period not to exceed 10 calendar days from |
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1 | | the date of notification to cure that deficiency in the bid or |
2 | | proposal. The deficiency in the bid or proposal may only be |
3 | | cured by contracting with additional subcontractors who are |
4 | | owned by Descendants of American Slavery. Any increase in cost |
5 | | to a contract for the addition of a subcontractor to cure a |
6 | | bid's deficiency shall not affect the bid price, shall not be |
7 | | used in the request for an exemption in this Act, and in no |
8 | | case shall an identified subcontractor with a certification |
9 | | made pursuant to this Act be terminated from the contract |
10 | | without the written consent of the State agency or public |
11 | | institution of higher education entering into the contract. |
12 | | A contractor submitting bids or proposals for State |
13 | | contracts subject to the provisions of this Act shall submit a |
14 | | plan to the Council outlining its efforts to utilize |
15 | | subcontractors owned by Descendants of American Slavery for the |
16 | | purposes of fulfilling the goals and requirements established |
17 | | under this Act. |
18 | | (c) (Blank). |
19 | | (d) Within one year after April 28, 2009 (the effective |
20 | | date of Public Act 96-8), the Department of Central Management |
21 | | Services shall conduct a social scientific study that measures |
22 | | the impact of discrimination on minority and women business |
23 | | development in Illinois. Within 18 months after April 28, 2009 |
24 | | (the effective date of Public Act 96-8), the Department shall |
25 | | issue a report of its findings and any recommendations on |
26 | | whether to adjust the goals for minority and women |
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1 | | participation established in this Act. Copies of this report |
2 | | and the social scientific study shall be filed with the |
3 | | Governor and the General Assembly. |
4 | | By December 1, 2020, the Department of Central Management |
5 | | Services shall conduct a new social scientific study that |
6 | | measures the impact of discrimination on minority and women |
7 | | business development in Illinois. By June 1, 2022, the |
8 | | Department shall issue a report of its findings and any |
9 | | recommendations on whether to adjust the goals for minority and |
10 | | women participation established in this Act. Copies of this |
11 | | report and the social scientific study shall be filed with the |
12 | | Governor , the Advisory Board, and the General Assembly. By |
13 | | December 1, 2022, the Department of Central Management Services |
14 | | Business Enterprise Program shall develop a model for social |
15 | | scientific disparity study sourcing for local governmental |
16 | | units to adapt and implement to address regional disparities in |
17 | | public procurement. |
18 | | (e) Except as permitted under this Act or as otherwise |
19 | | mandated by federal law or regulation, those who submit bids or |
20 | | proposals for State contracts subject to the provisions of this |
21 | | Act, whose bids or proposals are successful and include a |
22 | | utilization plan but that fail to meet the goals set forth in |
23 | | subsection (b) of this Section, shall be notified of that |
24 | | deficiency and shall be afforded a period not to exceed 10 |
25 | | calendar days from the date of notification to cure that |
26 | | deficiency in the bid or proposal. The deficiency in the bid or |
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1 | | proposal may only be cured by contracting with additional |
2 | | subcontractors who are owned by minorities or women. Any |
3 | | increase in cost to
a contract for the addition of a |
4 | | subcontractor to cure a bid's deficiency shall not affect the |
5 | | bid price,
shall not be used in the request for an exemption in |
6 | | this Act, and in no case shall an identified subcontractor with |
7 | | a certification made pursuant to this Act be terminated from |
8 | | the contract without the written consent of the State agency or |
9 | | public institution of higher education entering into the |
10 | | contract. |
11 | | (f) Non-construction solicitations that include Business |
12 | | Enterprise Program participation goals shall require bidders |
13 | | and offerors to include utilization plans. Utilization plans |
14 | | are due at the time of bid or offer submission. Failure to |
15 | | complete and include a utilization plan, including |
16 | | documentation demonstrating good faith effort when requesting |
17 | | a waiver, shall render the bid or offer non-responsive. |
18 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; |
19 | | 101-601, eff. 1-1-20; revised 10-26-20.) |
20 | | (30 ILCS 575/4f) |
21 | | (Section scheduled to be repealed on June 30, 2024) |
22 | | Sec. 4f. Award of State contracts. |
23 | | (1) It is hereby declared to be the public policy of the |
24 | | State of Illinois to promote and encourage each State agency |
25 | | and public institution of higher education to use businesses |
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1 | | owned by minorities, women, and persons with disabilities in |
2 | | the area of goods and services, including, but not limited to, |
3 | | insurance services, investment management services, |
4 | | information technology services, accounting services, |
5 | | architectural and engineering services, and legal services. |
6 | | Furthermore, each State agency and public institution of higher |
7 | | education shall utilize such firms to the greatest extent |
8 | | feasible within the bounds of financial and fiduciary prudence, |
9 | | and take affirmative steps to remove any barriers to the full |
10 | | participation of such firms in the procurement and contracting |
11 | | opportunities afforded. |
12 | | (a) When a State agency or public institution of higher |
13 | | education, other than a community college, awards a |
14 | | contract for insurance services, for each State agency or |
15 | | public institution of higher education, it shall be the |
16 | | aspirational goal to use insurance brokers owned by |
17 | | minorities, women, and persons with disabilities as |
18 | | defined by this Act, for not less than 20% of the total |
19 | | annual premiums or fees; provided that, contracts |
20 | | representing at least 11% of the total annual premiums or |
21 | | fees shall be awarded to businesses owned by minorities; |
22 | | contracts representing at least 7% of the total annual |
23 | | premiums or fees shall be awarded to women-owned |
24 | | businesses; and contracts representing at least 2% of the |
25 | | total annual premiums or fees shall be awarded to |
26 | | businesses owned by persons with disabilities. |
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1 | | (a-5) Notwithstanding subsection (a), when a State |
2 | | agency or public institution of higher education awards a |
3 | | contract for insurance services, for each State agency or |
4 | | public institution of higher education, it shall be the |
5 | | aspirational goal to use insurance brokers owned by |
6 | | Descendants of American Slavery in a percentage of the |
7 | | total annual premiums or fees that is proportionate to the |
8 | | percentage of such persons who are residents of this State. |
9 | | (b) When a State agency or public institution of higher |
10 | | education, other than a community college, awards a |
11 | | contract for investment services, for each State agency or |
12 | | public institution of higher education, it shall be the |
13 | | aspirational goal to use emerging investment managers |
14 | | owned by minorities, women, and persons with disabilities |
15 | | as defined by this Act, for not less than 20% of the total |
16 | | funds under management; provided that, contracts |
17 | | representing at least 11% of the total funds under |
18 | | management shall be awarded to businesses owned by |
19 | | minorities; contracts representing at least 7% of the total |
20 | | funds under management shall be awarded to women-owned |
21 | | businesses; and contracts representing at least 2% of the |
22 | | total funds under management shall be awarded to businesses |
23 | | owned by persons with disabilities. Furthermore, it is the |
24 | | aspirational goal that not less than 20% of the direct |
25 | | asset managers of the State funds be minorities, women, and |
26 | | persons with disabilities. |
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1 | | (b-5) Notwithstanding subsection (b), when a State |
2 | | agency or public institution of higher education awards a |
3 | | contract for investment services, for each State agency or |
4 | | public institution of higher education, it shall be the |
5 | | aspirational goal to use emerging investment managers |
6 | | owned by Descendants of American Slavery in a percentage of |
7 | | the total funds under management that is proportionate to |
8 | | the percentage of such persons who are residents of this |
9 | | State. |
10 | | (c) When a State agency or public institution of higher |
11 | | education, other than a community college, awards |
12 | | contracts for information technology services, accounting |
13 | | services, architectural and engineering services, and |
14 | | legal services, for each State agency and public |
15 | | institution of higher education, it shall be the |
16 | | aspirational goal to use such firms owned by minorities, |
17 | | women, and persons with disabilities as defined by this Act |
18 | | and lawyers who are minorities, women, and persons with |
19 | | disabilities as defined by this Act, for not less than 20% |
20 | | of the total dollar amount of State contracts; provided |
21 | | that, contracts representing at least 11% of the total |
22 | | dollar amount of State contracts shall be awarded to |
23 | | businesses owned by minorities or minority lawyers; |
24 | | contracts representing at least 7% of the total dollar |
25 | | amount of State contracts shall be awarded to women-owned |
26 | | businesses or women who are lawyers; and contracts |
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1 | | representing at least 2% of the total dollar amount of |
2 | | State contracts shall be awarded to businesses owned by |
3 | | persons with disabilities or persons with disabilities who |
4 | | are lawyers. |
5 | | (c-5) Notwithstanding subsection (c), when a State |
6 | | agency or public institution of higher education awards |
7 | | contracts for information technology services, accounting |
8 | | services, architectural and engineering services, and |
9 | | legal services, for each State agency or public institution |
10 | | of higher education, it shall be the aspirational goal to |
11 | | use such firms owned by Descendants of American Slavery and |
12 | | lawyers who are Descendants of American Slavery in a |
13 | | percentage of the total dollar amount of State contracts |
14 | | that is proportionate to the percentage of such persons who |
15 | | are residents of this State. |
16 | | (d) When a community college awards a contract for |
17 | | insurance services, investment services, information |
18 | | technology services, accounting services, architectural |
19 | | and engineering services, and legal services, it shall be |
20 | | the aspirational goal of each community college to use |
21 | | businesses owned by minorities, women, and persons with |
22 | | disabilities as defined in this Act for not less than 20% |
23 | | of the total amount spent on contracts for these services |
24 | | collectively; provided that, contracts representing at |
25 | | least 11% of the total amount spent on contracts for these |
26 | | services shall be awarded to businesses owned by |
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1 | | minorities; contracts representing at least 7% of the total |
2 | | amount spent on contracts for these services shall be |
3 | | awarded to women-owned businesses; and contracts |
4 | | representing at least 2% of the total amount spent on |
5 | | contracts for these services shall be awarded to businesses |
6 | | owned by persons with disabilities. When a community |
7 | | college awards contracts for investment services, |
8 | | contracts awarded to investment managers who are not |
9 | | emerging investment managers as defined in this Act shall |
10 | | not be considered businesses owned by minorities, women, or |
11 | | persons with disabilities for the purposes of this Section. |
12 | | (2) As used in this Section: |
13 | | "Accounting services" means the measurement, |
14 | | processing and communication of financial information |
15 | | about economic entities including, but is not limited to, |
16 | | financial accounting, management accounting, auditing, |
17 | | cost containment and auditing services, taxation and |
18 | | accounting information systems. |
19 | | "Architectural and engineering services" means |
20 | | professional services of an architectural or engineering |
21 | | nature, or incidental services, that members of the |
22 | | architectural and engineering professions, and individuals |
23 | | in their employ, may logically or justifiably perform, |
24 | | including studies, investigations, surveying and mapping, |
25 | | tests, evaluations, consultations, comprehensive planning, |
26 | | program management, conceptual designs, plans and |
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1 | | specifications, value engineering, construction phase |
2 | | services, soils engineering, drawing reviews, preparation |
3 | | of operating and maintenance manuals, and other related |
4 | | services. |
5 | | "Emerging investment manager" means an investment |
6 | | manager or claims consultant having assets under |
7 | | management below $10 billion or otherwise adjudicating |
8 | | claims. |
9 | | "Information technology services" means, but is not |
10 | | limited to, specialized technology-oriented solutions by |
11 | | combining the processes and functions of software, |
12 | | hardware, networks, telecommunications, web designers, |
13 | | cloud developing resellers, and electronics. |
14 | | "Insurance broker" means an insurance brokerage firm, |
15 | | claims administrator, or both, that procures, places all |
16 | | lines of insurance, or administers claims with annual |
17 | | premiums or fees of at least $5,000,000 but not more than |
18 | | $10,000,000. |
19 | | "Legal services" means work performed by a lawyer |
20 | | including, but not limited to, contracts in anticipation of |
21 | | litigation, enforcement actions, or investigations. |
22 | | (3) Each State agency and public institution of higher |
23 | | education shall adopt policies that identify its plan and |
24 | | implementation procedures for increasing the use of service |
25 | | firms owned by minorities, women, and persons with |
26 | | disabilities. |
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1 | | (4) Except as provided in subsection (5), the Council shall |
2 | | file no later than March 1 of each year an annual report to the |
3 | | Governor, the Bureau on Apprenticeship Programs, and the |
4 | | General Assembly. The report filed with the General Assembly |
5 | | shall be filed as required in Section 3.1 of the General |
6 | | Assembly Organization Act. This report shall: (i) identify the |
7 | | service firms used by each State agency and public institution |
8 | | of higher education, (ii) identify the actions it has |
9 | | undertaken to increase the use of service firms owned by |
10 | | minorities, women, and persons with disabilities, including |
11 | | encouraging non-minority-owned firms to use other service |
12 | | firms owned by minorities, women, and persons with disabilities |
13 | | as subcontractors when the opportunities arise, (iii) state any |
14 | | recommendations made by the Council to each State agency and |
15 | | public institution of higher education to increase |
16 | | participation by the use of service firms owned by minorities, |
17 | | women, and persons with disabilities, and (iv) include the |
18 | | following: |
19 | | (A) For insurance services: the names of the insurance |
20 | | brokers or claims consultants used, the total of risk |
21 | | managed by each State agency and public institution of |
22 | | higher education by insurance brokers, the total |
23 | | commissions, fees paid, or both, the lines or insurance |
24 | | policies placed, and the amount of premiums placed; and the |
25 | | percentage of the risk managed by insurance brokers, the |
26 | | percentage of total commission, fees paid, or both, the |
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1 | | lines or insurance policies placed, and the amount of |
2 | | premiums placed with each by the insurance brokers owned by |
3 | | minorities, women, and persons with disabilities by each |
4 | | State agency and public institution of higher education. |
5 | | (B) For investment management services: the names of |
6 | | the investment managers used, the total funds under |
7 | | management of investment managers; the total commissions, |
8 | | fees paid, or both; the total and percentage of funds under |
9 | | management of emerging investment managers owned by |
10 | | minorities, women, and persons with disabilities, |
11 | | including the total and percentage of total commissions, |
12 | | fees paid, or both by each State agency and public |
13 | | institution of higher education. |
14 | | (C) The names of service firms, the percentage and |
15 | | total dollar amount paid for professional services by |
16 | | category by each State agency and public institution of |
17 | | higher education. |
18 | | (D) The names of service firms, the percentage and |
19 | | total dollar amount paid for services by category to firms |
20 | | owned by minorities, women, and persons with disabilities |
21 | | by each State agency and public institution of higher |
22 | | education. |
23 | | (E) The total number of contracts awarded for services |
24 | | by category and the total number of contracts awarded to |
25 | | firms owned by minorities, women, and persons with |
26 | | disabilities by each State agency and public institution of |
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1 | | higher education. |
2 | | (5) For community college districts, the Business |
3 | | Enterprise Council shall only report the following information |
4 | | for each community college district: (i) the name of the |
5 | | community colleges in the district, (ii) the name and contact |
6 | | information of a person at each community college appointed to |
7 | | be the single point of contact for vendors owned by minorities, |
8 | | women, or persons with disabilities, (iii) the policy of the |
9 | | community college district concerning certified vendors, (iv) |
10 | | the certifications recognized by the community college |
11 | | district for determining whether a business is owned or |
12 | | controlled by a minority, woman, or person with a disability, |
13 | | (v) outreach efforts conducted by the community college |
14 | | district to increase the use of certified vendors, (vi) the |
15 | | total expenditures by the community college district in the |
16 | | prior fiscal year in the divisions of work specified in |
17 | | paragraphs (a), (b), and (c) of subsection (1) of this Section |
18 | | and the amount paid to certified vendors in those divisions of |
19 | | work, and (vii) the total number of contracts entered into for |
20 | | the divisions of work specified in paragraphs (a), (b), and (c) |
21 | | of subsection (1) of this Section and the total number of |
22 | | contracts awarded to certified vendors providing these |
23 | | services to the community college district. The Business |
24 | | Enterprise Council shall not make any utilization reports under |
25 | | this Act for community college districts for Fiscal Year 2015 |
26 | | and Fiscal Year 2016, but shall make the report required by |
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1 | | this subsection for Fiscal Year 2017 and for each fiscal year |
2 | | thereafter. The Business Enterprise Council shall report the |
3 | | information in items (i), (ii), (iii), and (iv) of this |
4 | | subsection beginning in September of 2016. The Business |
5 | | Enterprise Council may collect the data needed to make its |
6 | | report from the Illinois Community College Board. |
7 | | (6) The status of the utilization of services shall be |
8 | | discussed at each of the regularly scheduled Business |
9 | | Enterprise Council meetings. Time shall be allotted for the |
10 | | Council to receive, review, and discuss the progress of the use |
11 | | of service firms owned by minorities, women, and persons with |
12 | | disabilities by each State agency and public institution of |
13 | | higher education; and any evidence regarding past or present |
14 | | racial, ethnic, or gender-based discrimination which directly |
15 | | impacts a State agency or public institution of higher |
16 | | education contracting with such firms. If after reviewing such |
17 | | evidence the Council finds that there is or has been such |
18 | | discrimination against a specific group, race or sex, the |
19 | | Council shall establish sheltered markets or adjust existing |
20 | | sheltered markets tailored to address the Council's specific |
21 | | findings for the divisions of work specified in paragraphs (a), |
22 | | (b), and (c) of subsection (1) of this Section.
|
23 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20 .)
|
24 | | (30 ILCS 575/6) (from Ch. 127, par. 132.606)
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25 | | (Section scheduled to be repealed on June 30, 2024)
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1 | | Sec. 6. Agency compliance plans. Each State agency and |
2 | | public institutions of higher education
under the
jurisdiction |
3 | | of this Act
shall file
with the Council an annual compliance |
4 | | plan which shall outline the
goals of the State agency or |
5 | | public institutions of higher education for contracting with |
6 | | businesses owned by minorities, women, and
persons with |
7 | | disabilities for the then current fiscal
year, the manner in |
8 | | which the agency intends to reach these goals and a
timetable |
9 | | for reaching these goals. The Council shall review and approve
|
10 | | the plan of each State agency and public institutions of higher |
11 | | education and may reject any
plan that does
not comply with
|
12 | | this Act or any rules or regulations promulgated pursuant to |
13 | | this Act.
|
14 | | (a) The compliance plan shall also include, but not be |
15 | | limited to, (1) a
policy statement, signed by the State agency |
16 | | or public institution of higher education head,
expressing a
|
17 | | commitment to
encourage the use of
businesses owned by
|
18 | | minorities, women, and persons with disabilities, (2) the |
19 | | designation of
the liaison
officer
provided for in Section 5 of |
20 | | this Act, (3) procedures to distribute to
potential contractors |
21 | | and vendors the list of all businesses legitimately classified |
22 | | as businesses owned by
minorities, women, and persons with |
23 | | disabilities and so certified under
this Act, (4) procedures to |
24 | | set
separate contract goals on specific prime contracts and |
25 | | purchase orders
with subcontracting possibilities based upon |
26 | | the type of work or services
and subcontractor availability, |
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1 | | (5) procedures to assure that contractors
and vendors make good |
2 | | faith efforts to meet contract goals, (6) procedures
for |
3 | | contract goal exemption, modification and waiver, and (7) the |
4 | | delineation
of separate contract goals for businesses owned by |
5 | | minorities, women, and persons with
disabilities.
|
6 | | (b) Approval of the compliance plans shall include such |
7 | | delegation of
responsibilities to the requesting State agency |
8 | | or public institution of higher education as
the Council
deems |
9 | | necessary
and appropriate to fulfill the purpose of this Act. |
10 | | Such responsibilities
may include, but need not be limited to |
11 | | those outlined in subsections (1),
(2) and (3) of Section 7, |
12 | | paragraph (a) of Section 8, and Section 8a of this Act.
|
13 | | (c) Each State agency and public institution of higher |
14 | | education under the jurisdiction of
this Act
shall
file with |
15 | | the Council an annual report of its utilization of businesses |
16 | | owned
by minorities, women, and persons with disabilities |
17 | | during the preceding fiscal year including lapse period |
18 | | spending
and a mid-fiscal year report of its utilization to |
19 | | date for the then current
fiscal year. The reports shall |
20 | | include a self-evaluation of the efforts of the
State agency or |
21 | | public institution of higher education to meet its goals under |
22 | | the
Act.
|
23 | | (d) Notwithstanding any provisions to the contrary in this |
24 | | Act,
any State
agency or public institution of higher education |
25 | | which administers a construction program,
for which federal law |
26 | | or regulations establish standards and procedures for
the |
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1 | | utilization of minority-owned and women-owned businesses and |
2 | | disadvantaged businesses,
shall implement a disadvantaged |
3 | | business enterprise program to include minority-owned and |
4 | | women-owned businesses and disadvantaged businesses, using
the |
5 | | federal
standards and procedures for the establishment of goals |
6 | | and
utilization procedures for the State-funded, as well as the |
7 | | federally
assisted, portions of the program. In such cases, |
8 | | these goals shall not
exceed those established pursuant to the |
9 | | relevant federal statutes or
regulations.
Notwithstanding the |
10 | | provisions of Section 8b, the Illinois Department of
|
11 | | Transportation is authorized to establish sheltered markets |
12 | | for the
State-funded portions of the program consistent with |
13 | | federal law and
regulations.
Additionally, a compliance plan |
14 | | which is filed by such State
agency or public institution of |
15 | | higher education pursuant to this Act, which incorporates
|
16 | | equivalent terms and
conditions of its federally-approved |
17 | | compliance plan, shall be deemed
approved under this Act.
|
18 | | (e) Each State agency and public institution of higher |
19 | | education under the jurisdiction of this Act shall include, |
20 | | along with the compliance plan filed with the Council under |
21 | | this Section, an annual plan of action to specifically rectify |
22 | | the disparity between the representation of Descendants of |
23 | | American Slavery in State contracts compared to the percentage |
24 | | of such persons who are residents of this State. The plan of |
25 | | action shall outline actions to be taken by the State agency to |
26 | | increase representation of Descendants of American Slavery in |
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1 | | State contracting, and include the percentage of contracts |
2 | | entered into between the State agency and businesses owned by |
3 | | Descendants of American Slavery. |
4 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .)
|
5 | | (30 ILCS 575/7) (from Ch. 127, par. 132.607) |
6 | | (Section scheduled to be repealed on June 30, 2024) |
7 | | Sec. 7. Exemptions; waivers; publication of data. |
8 | | (1) Individual contract exemptions.
The Council, at the |
9 | | written request of the affected agency,
public institution of |
10 | | higher education, or recipient of a grant or loan of State |
11 | | funds of $250,000 or more complying with Section 45 of the |
12 | | State Finance Act, may permit an individual contract or |
13 | | contract package,
(related contracts being bid or awarded |
14 | | simultaneously for the same project
or improvements) be made |
15 | | wholly or partially exempt from State contracting
goals for |
16 | | businesses owned by
minorities, women, and persons with |
17 | | disabilities prior to the advertisement
for bids or |
18 | | solicitation of proposals whenever there has been a
|
19 | | determination, reduced to writing and based on the best |
20 | | information
available at the time of the determination, that |
21 | | there is an insufficient
number of businesses owned by |
22 | | minorities, women, and persons with disabilities to ensure |
23 | | adequate
competition and an expectation of reasonable prices on |
24 | | bids or proposals
solicited for the individual contract or |
25 | | contract package in question. Any such exemptions shall be |
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1 | | given by
the Council to the Bureau on Apprenticeship Programs. |
2 | | (a) Written request for contract exemption. A written |
3 | | request for an individual contract exemption must include, |
4 | | but is not limited to, the following: |
5 | | (i) a list of eligible businesses owned by |
6 | | minorities, women, and persons with disabilities; |
7 | | (ii) a clear demonstration that the number of |
8 | | eligible businesses identified in subparagraph (i) |
9 | | above is insufficient to ensure adequate competition; |
10 | | (iii) the difference in cost between the contract |
11 | | proposals being offered by businesses owned by |
12 | | minorities, women, and persons with disabilities and |
13 | | the agency or public institution of higher education's |
14 | | expectations of reasonable prices on bids or proposals |
15 | | within that class; and |
16 | | (iv) a list of eligible businesses owned by |
17 | | minorities, women, and persons with
disabilities that |
18 | | the contractor has used in the current and prior fiscal |
19 | | years. |
20 | | (b) Determination. The Council's determination |
21 | | concerning an individual contract exemption must consider, |
22 | | at a minimum, the following: |
23 | | (i) the justification for the requested exemption, |
24 | | including whether diligent efforts were undertaken to |
25 | | identify and solicit eligible businesses owned by |
26 | | minorities, women, and persons with disabilities; |
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1 | | (ii) the total number of exemptions granted to the |
2 | | affected agency, public institution of higher |
3 | | education, or recipient of a grant or loan of State |
4 | | funds of $250,000 or more complying with Section 45 of |
5 | | the State Finance Act that have been granted by the |
6 | | Council in the current and prior fiscal years; and |
7 | | (iii) the percentage of contracts awarded by the |
8 | | agency or public institution of higher education to |
9 | | eligible businesses owned by minorities, women, and |
10 | | persons with disabilities in the current and prior |
11 | | fiscal years. |
12 | | (2) Class exemptions. |
13 | | (a) Creation. The Council, at the written request of |
14 | | the affected agency or public institution of higher |
15 | | education, may permit an entire
class of
contracts be made |
16 | | exempt from State
contracting goals for businesses owned by |
17 | | minorities, women, and persons
with disabilities whenever |
18 | | there has been a determination, reduced to
writing and |
19 | | based on the best information available at the time of the
|
20 | | determination, that there is an insufficient number of |
21 | | qualified businesses owned by minorities, women, and |
22 | | persons with
disabilities to ensure adequate competition |
23 | | and an
expectation of reasonable prices on bids or |
24 | | proposals within that class. Any such exemption shall be |
25 | | given by
the Council to the Bureau on Apprenticeship |
26 | | Programs. |
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1 | | (a-1) Written request for class exemption. A written |
2 | | request for a class exemption must include, but is not |
3 | | limited to, the following: |
4 | | (i) a list of eligible businesses owned by |
5 | | minorities, women, and persons with disabilities; |
6 | | (ii) a clear demonstration that the number of |
7 | | eligible businesses identified in subparagraph (i) |
8 | | above is insufficient to ensure adequate competition; |
9 | | (iii) the difference in cost between the contract |
10 | | proposals being offered by eligible businesses owned |
11 | | by minorities, women, and persons with disabilities |
12 | | and the agency or public institution of higher |
13 | | education's expectations of reasonable prices on bids |
14 | | or proposals within that class; and |
15 | | (iv) the number of class exemptions the affected |
16 | | agency or public institution
of higher education |
17 | | requested in the current and prior fiscal years. |
18 | | (a-2) Determination. The Council's determination |
19 | | concerning class exemptions must consider, at a minimum, |
20 | | the following: |
21 | | (i) the justification for the requested exemption, |
22 | | including whether diligent efforts were undertaken to |
23 | | identify and solicit eligible businesses owned by |
24 | | minorities, women, and persons with disabilities; |
25 | | (ii) the total number of class exemptions granted |
26 | | to the requesting agency or public institution of |
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1 | | higher education that have been granted by the Council |
2 | | in the current and prior fiscal years; and |
3 | | (iii) the percentage of contracts awarded by the |
4 | | agency or public institution of higher education to |
5 | | eligible businesses owned by minorities, women, and |
6 | | persons with disabilities the current and prior fiscal |
7 | | years. |
8 | | (b) Limitation. Any such class exemption shall not be |
9 | | permitted for a
period of more than one year at a time. |
10 | | (3) Waivers. Where a particular contract requires a |
11 | | contractor to meet
a goal established pursuant to this Act, the |
12 | | contractor shall have the right
to request a waiver from such |
13 | | requirements. Except as otherwise provided in this Section, the |
14 | | The Council shall grant the
waiver where the contractor |
15 | | demonstrates that there has been made a good
faith effort to |
16 | | comply with the goals for
participation by businesses owned by |
17 | | minorities, women, and persons with
disabilities. Any such |
18 | | waiver shall also be
transmitted in writing to the Bureau on |
19 | | Apprenticeship Programs. |
20 | | (a) Request for waiver. A contractor's request for a |
21 | | waiver under this subsection (3) must include, but is not |
22 | | limited to, the following, if available: |
23 | | (i) a list of eligible businesses owned by |
24 | | minorities, women, and persons with disabilities that |
25 | | pertain to the class of contracts in the requested |
26 | | waiver; |
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1 | | (ii) a clear demonstration that the number of |
2 | | eligible businesses identified in subparagraph (i) |
3 | | above is insufficient to ensure competition; |
4 | | (iii) the difference in cost between the contract |
5 | | proposals being offered by businesses owned by |
6 | | minorities, women, and persons with disabilities and |
7 | | the agency or the public institution of higher |
8 | | education's expectations of reasonable prices on bids |
9 | | or proposals within that class; and |
10 | | (iv) a list of businesses owned by minorities, |
11 | | women, and persons with disabilities that the |
12 | | contractor has used in the current and prior fiscal |
13 | | years. |
14 | | (b) Determination. The Council's determination |
15 | | concerning waivers must include following: |
16 | | (i) the justification for the requested waiver, |
17 | | including whether the requesting contractor made a |
18 | | good faith effort to identify and solicit eligible |
19 | | businesses owned by minorities, women, and persons |
20 | | with disabilities; |
21 | | (ii) the total number of waivers the contractor has |
22 | | been granted by the Council in the current and prior |
23 | | fiscal years; |
24 | | (iii) the percentage of contracts awarded by the |
25 | | agency or public institution of higher education to |
26 | | eligible businesses owned by minorities, women, and |
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1 | | persons with disabilities in the current and prior |
2 | | fiscal years; and |
3 | | (iv) the contractor's use of businesses owned by |
4 | | minorities, women, and persons with disabilities in |
5 | | the current and prior fiscal years. |
6 | | (c) Contract value. Any waiver request submitted under |
7 | | this Section for which the contract has a total dollar |
8 | | amount valued between $100,000 and $999,000 must be |
9 | | approved by the Council. Any contract request submitted |
10 | | under this Section for which the contract has a total |
11 | | dollar amount valued at $1,000,000 or more must be approved |
12 | | by the General Assembly. |
13 | | (3.5) (Blank). |
14 | | (4) Conflict with other laws. In the event that any State |
15 | | contract, which
otherwise would be subject to the provisions of |
16 | | this Act, is or becomes
subject to federal laws or regulations |
17 | | which conflict with the provisions
of this Act or actions of |
18 | | the State taken pursuant hereto, the provisions
of the federal |
19 | | laws or regulations shall apply and the contract shall be
|
20 | | interpreted and enforced accordingly. |
21 | | (5) Each chief procurement officer, as defined in the |
22 | | Illinois Procurement Code, shall maintain on his or her |
23 | | official Internet website a database of the following: (i) |
24 | | waivers granted under this Section with respect to contracts |
25 | | under his or her jurisdiction; (ii) a State agency or public |
26 | | institution of higher education's written request for an |
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1 | | exemption of an individual contract or an entire class of |
2 | | contracts; and (iii) the Council's written determination |
3 | | granting or denying a request for an exemption of an individual |
4 | | contract or an entire class of contracts. The database, which |
5 | | shall be updated periodically as necessary, shall be searchable |
6 | | by contractor name and by contracting State agency. |
7 | | (6) Each chief procurement officer, as defined by the |
8 | | Illinois Procurement Code, shall maintain on its website a list |
9 | | of all firms that have been prohibited from bidding, offering, |
10 | | or entering into a contract with the State of Illinois as a |
11 | | result of violations of this Act. |
12 | | Each public notice required by law of the award of a State |
13 | | contract shall include for each bid or offer submitted for that |
14 | | contract the following: (i) the bidder's or offeror's name, |
15 | | (ii) the bid amount, (iii) the name or names of the certified |
16 | | firms identified in the bidder's or offeror's submitted |
17 | | utilization plan, and (iv) the bid's amount and percentage of |
18 | | the contract awarded to businesses owned by minorities, women, |
19 | | and persons with disabilities identified in the utilization |
20 | | plan. |
21 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; |
22 | | 101-601, eff. 1-1-20.)
|
23 | | (30 ILCS 575/8f)
|
24 | | (Section scheduled to be repealed on June 30, 2024)
|
25 | | Sec. 8f. Annual report. The Council shall file no later |
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1 | | than March 1
of each year, an annual report that shall detail |
2 | | the level of achievement
toward the
goals specified in this Act |
3 | | over the 3 most recent fiscal years. The annual
report shall |
4 | | include, but need not be limited to the following:
|
5 | | (1) a summary detailing expenditures subject to the |
6 | | goals, the
actual goals specified, and the goals attained |
7 | | by each State agency and public institution of higher |
8 | | education;
|
9 | | (2) a summary of the number of contracts awarded and |
10 | | the average contract
amount by each State agency and public |
11 | | institution of higher education;
|
12 | | (3) an analysis of the level of overall goal |
13 | | achievement concerning
purchases
from minority-owned |
14 | | businesses, women-owned businesses, and businesses owned |
15 | | by
persons with disabilities;
|
16 | | (4) an analysis of the number of businesses owned by |
17 | | minorities, women,
and persons with disabilities that are |
18 | | certified under the program as well as
the number of those |
19 | | businesses that received State procurement contracts; and
|
20 | | (5) a summary of the number of contracts awarded to |
21 | | businesses with annual
gross sales of less than $1,000,000; |
22 | | of $1,000,000 or more, but less than
$5,000,000; of
|
23 | | $5,000,000 or more, but less than $10,000,000; and of |
24 | | $10,000,000 or more ; and .
|
25 | | (6) a summary detailing the disparity between the |
26 | | representation of Descendants of American Slavery in State |
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1 | | contracts compared to the percentage of such persons who |
2 | | are residents of this State, and a summary of the efforts |
3 | | to eliminate that disparity based upon the requirements of |
4 | | this Act. |
5 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .)
|
6 | | Article 25. |
7 | | Section 25-5. The Illinois Procurement Code is amended by |
8 | | changing Sections 20-15, 20-60, and 35-30 and by adding Section |
9 | | 50-85 as follows:
|
10 | | (30 ILCS 500/20-15)
|
11 | | Sec. 20-15. Competitive sealed proposals.
|
12 | | (a) Conditions for use. When provided under this Code or |
13 | | under
rules, or when
the purchasing agency determines in |
14 | | writing that the use of
competitive sealed bidding
is either |
15 | | not practicable or not advantageous to the State, a
contract |
16 | | may be entered into by
competitive sealed proposals.
|
17 | | (b) Request for proposals. Proposals shall be solicited
|
18 | | through a request for proposals.
|
19 | | (c) Public notice. Public notice of the request for
|
20 | | proposals shall be published in the
Illinois Procurement |
21 | | Bulletin at least 14 calendar days before the date set
in the |
22 | | invitation for the opening
of proposals.
|
23 | | (d) Receipt of proposals. Proposals shall be opened
|
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1 | | publicly or via an electronic procurement system in the |
2 | | presence of one or
more witnesses at the time and place |
3 | | designated in the request for
proposals, but proposals shall
be |
4 | | opened in a manner to avoid disclosure of contents to competing
|
5 | | offerors during the process
of negotiation. A record of |
6 | | proposals shall be prepared and
shall be open for public |
7 | | inspection
after contract award.
|
8 | | (e) Evaluation factors. The requests for proposals shall
|
9 | | state the relative importance of
price and other evaluation |
10 | | factors. Proposals shall be submitted
in 2 parts: the first, |
11 | | covering
items except price; and the second, commitment to |
12 | | diversity; and the third, all other items. Each part of all |
13 | | proposals shall be evaluated and ranked independently of the |
14 | | other parts of all proposals. The results of the evaluation of |
15 | | all 3 parts shall be used in ranking of proposals covering |
16 | | price . The first
part of all proposals shall be
evaluated and |
17 | | ranked independently of the second part of
all proposals.
|
18 | | (e-5) Method of scoring. |
19 | | (1) The point scoring methodology for competitive |
20 | | sealed proposals shall provide points for commitment to |
21 | | diversity. Those points shall be equivalent to 20% of the |
22 | | points assigned to the third part of the proposal, all |
23 | | other items. |
24 | | (2) Factors to be considered in the award of these |
25 | | points shall be set by rule by the applicable chief |
26 | | procurement officer and may include, but are not limited |
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1 | | to: |
2 | | (A) whether or how well the respondent, on the |
3 | | solicitation being evaluated, met the goal of |
4 | | contracting or subcontracting with businesses owned by |
5 | | women, minorities, or persons with disabilities; |
6 | | (B) whether the respondent, on the solicitation |
7 | | being evaluated, assisted businesses owned by women, |
8 | | minorities, or persons with disabilities in obtaining |
9 | | lines of credit, insurance, necessary equipment, |
10 | | supplies, materials, or related assistance or |
11 | | services; |
12 | | (C) the percentage of prior year revenues of the |
13 | | respondent that involve businesses owned by women, |
14 | | minorities, or persons with disabilities; |
15 | | (D) whether the respondent has a written supplier |
16 | | diversity program, including, but not limited to, use |
17 | | of diversity vendors in the supply chain and a training |
18 | | or mentoring program with businesses owned by women, |
19 | | minorities, or persons with disabilities; and |
20 | | (E) the percentage of members of the respondent's |
21 | | governing board, senior executives, and managers who |
22 | | are women, minorities, or persons with disabilities. |
23 | | (3) If any State agency or public institution of higher |
24 | | education contract is eligible to be paid for or |
25 | | reimbursed, in whole or in part, with federal-aid funds, |
26 | | grants, or loans, and the provisions of this subsection |
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1 | | (e-5) would result in the loss of those federal-aid funds, |
2 | | grants, or loans, then the contract is exempt from the |
3 | | provisions of this Section in order to remain eligible for |
4 | | those federal-aid funds, grants, or loans.
For the purposes |
5 | | of this subsection (e-5): |
6 | | "Manager" means a person who controls or administers |
7 | | all or part of a company or similar organization. |
8 | | "Minorities" has the same meaning as "minority person" |
9 | | under Section 2 of the Business Enterprise for Minorities, |
10 | | Women, and Persons with Disabilities Act. |
11 | | "Persons with disabilities" has the same meaning as |
12 | | "person with a disability" under Section 2 of the Business |
13 | | Enterprise for Minorities, Women, and Persons with |
14 | | Disabilities Act. |
15 | | "Senior executive" means the chief executive officer, |
16 | | chief operating officer, chief financial officer, or |
17 | | anyone else in charge of a principal business unit or |
18 | | function. |
19 | | "Women" has the same meaning as "woman" under Section 2 |
20 | | of the Business Enterprise for Minorities, Women, and |
21 | | Persons with Disabilities Act. |
22 | | (f) Discussion with responsible offerors and revisions of |
23 | | offers or
proposals. As provided in the
request for proposals |
24 | | and under rules, discussions
may be conducted with
responsible |
25 | | offerors who submit offers or proposals determined to be
|
26 | | reasonably susceptible of being
selected for award for the |
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1 | | purpose of clarifying and assuring full
understanding of and
|
2 | | responsiveness to the solicitation requirements. Those |
3 | | offerors
shall be accorded fair and equal
treatment with |
4 | | respect to any opportunity for discussion and
revision of |
5 | | proposals. Revisions
may be permitted after submission and |
6 | | before award for the
purpose of obtaining best and final
|
7 | | offers. In conducting discussions there shall be no disclosure |
8 | | of
any information derived from
proposals submitted by |
9 | | competing offerors.
If information is disclosed to any offeror, |
10 | | it shall be
provided to all competing offerors.
|
11 | | (g) Award. Awards shall be made to the responsible offeror
|
12 | | whose proposal is
determined in writing to be the most |
13 | | advantageous to the State,
taking into consideration price and |
14 | | the evaluation factors set forth in the request for proposals.
|
15 | | The contract file shall contain
the basis on which the award is
|
16 | | made.
|
17 | | (Source: P.A. 100-43, eff. 8-9-17.)
|
18 | | (30 ILCS 500/20-60) |
19 | | Sec. 20-60. Duration of contracts. |
20 | | (a) Maximum duration. A contract may be entered into for
|
21 | | any period of time deemed
to be in the best interests of the |
22 | | State but not
exceeding 10 years inclusive, beginning January |
23 | | 1, 2010, of proposed contract renewals. Third parties may lease |
24 | | State-owned dark fiber networks for any period of time deemed |
25 | | to be in the best interest of the State, but not exceeding 20 |
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1 | | years. The length of
a lease for real property or capital |
2 | | improvements shall be in
accordance with the provisions of
|
3 | | Section 40-25. The length of energy conservation program |
4 | | contracts or energy savings contracts or leases shall be in |
5 | | accordance with the provisions of Section 25-45. A contract for |
6 | | bond or mortgage insurance awarded by the Illinois Housing |
7 | | Development Authority, however, may be entered into for any |
8 | | period of time less than or equal to the maximum period of time |
9 | | that the subject bond or mortgage may remain outstanding.
|
10 | | (b) Subject to appropriation. All contracts made or entered
|
11 | | into shall recite that they are
subject to termination and |
12 | | cancellation in any year for which the
General Assembly fails |
13 | | to make
an appropriation to make payments under the terms of |
14 | | the contract. |
15 | | (c) The chief procurement officer shall file a proposed |
16 | | extension or renewal of a contract with the Procurement Policy |
17 | | Board prior to entering into any extension or renewal if the |
18 | | cost associated with the extension or renewal exceeds $249,999. |
19 | | The Procurement Policy Board may object to the proposed |
20 | | extension or renewal within 30 calendar days and require a |
21 | | hearing before the Board prior to entering into the extension |
22 | | or renewal. If the Procurement Policy Board does not object |
23 | | within 30 calendar days or takes affirmative action to |
24 | | recommend the extension or renewal, the chief procurement |
25 | | officer may enter into the extension or renewal of a contract. |
26 | | This subsection does not apply to any emergency procurement, |
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1 | | any procurement under Article 40, or any procurement exempted |
2 | | by Section 1-10(b) of this Code. If any State agency contract |
3 | | is paid for in whole or in part with federal-aid funds, grants, |
4 | | or loans and the provisions of this subsection would result in |
5 | | the loss of those federal-aid funds, grants, or loans, then the |
6 | | contract is exempt from the provisions of this subsection in |
7 | | order to remain eligible for those federal-aid funds, grants, |
8 | | or loans, and the State agency shall file notice of this |
9 | | exemption with the Procurement Policy Board prior to entering |
10 | | into the proposed extension or renewal. Nothing in this |
11 | | subsection permits a chief procurement officer to enter into an |
12 | | extension or renewal in violation of subsection (a). By August |
13 | | 1 each year, the Procurement Policy Board shall file a report |
14 | | with the General Assembly identifying for the previous fiscal |
15 | | year (i) the proposed extensions or renewals that were filed |
16 | | with the Board and whether the Board objected and (ii) the |
17 | | contracts exempt from this subsection. |
18 | | (d) Notwithstanding the provisions of subsection (a) of |
19 | | this Section, the Department of Innovation and Technology may |
20 | | enter into leases for dark fiber networks for any period of |
21 | | time deemed to be in the best interests of the State but not |
22 | | exceeding 20 years inclusive. The Department of Innovation and |
23 | | Technology may lease dark fiber networks from third parties |
24 | | only for the primary purpose of providing services (i) to the |
25 | | offices of Governor, Lieutenant Governor, Attorney General, |
26 | | Secretary of State, Comptroller, or Treasurer and State |
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1 | | agencies, as defined under Section 5-15 of the Civil |
2 | | Administrative Code of Illinois or (ii) for anchor |
3 | | institutions, as defined in Section 7 of the Illinois Century |
4 | | Network Act. Dark fiber network lease contracts shall be |
5 | | subject to all other provisions of this Code and any applicable |
6 | | rules or requirements, including, but not limited to, |
7 | | publication of lease solicitations, use of standard State |
8 | | contracting terms and conditions, and approval of vendor |
9 | | certifications and financial disclosures. |
10 | | (e) As used in this Section, "dark fiber network" means a |
11 | | network of fiber optic cables laid but currently unused by a |
12 | | third party that the third party is leasing for use as network |
13 | | infrastructure. |
14 | | (f) No vendor shall be eligible for renewal of a contract |
15 | | when that vendor has failed to meet the goals agreed to in the |
16 | | vendor's utilization plan unless the State agency has |
17 | | determined that the vendor made good faith efforts toward |
18 | | meeting the contract goals and has issued a waiver or that |
19 | | vendor is not otherwise excused from compliance by the chief |
20 | | procurement officer in consultation with the purchasing State |
21 | | Agency. The form and content of the waiver shall be prescribed |
22 | | by each chief procurement officer who shall maintain on his or |
23 | | her official website a database of waivers granted under this |
24 | | Section with respect to contracts under his or her |
25 | | jurisdiction. The database shall be updated periodically and |
26 | | shall be searchable by contractor name and by contracting State |
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1 | | agency or public institution of higher education. |
2 | | (Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18; |
3 | | 101-81, eff. 7-12-19.) |
4 | | (30 ILCS 500/35-30) |
5 | | Sec. 35-30. Awards. |
6 | | (a) All State contracts for professional and artistic |
7 | | services, except as
provided in this Section, shall be awarded |
8 | | using the
competitive request for proposal process outlined in |
9 | | this Section. The scoring for requests for proposals shall |
10 | | include the commitment to diversity factors and methodology |
11 | | described in subsection (e-5) of Section 20-15. |
12 | | (b) For each contract offered, the chief procurement |
13 | | officer, State
purchasing officer, or his or her designee shall |
14 | | use the appropriate standard
solicitation
forms
available from |
15 | | the chief procurement officer for matters other than |
16 | | construction or the higher
education chief procurement |
17 | | officer. |
18 | | (c) Prepared forms shall be submitted to the chief |
19 | | procurement officer for matters other than construction or the |
20 | | higher education chief procurement officer,
whichever is |
21 | | appropriate, for
publication in its Illinois Procurement |
22 | | Bulletin and circulation to the chief procurement officer for |
23 | | matters other than construction
or the higher education chief |
24 | | procurement officer's list of
prequalified vendors. Notice of |
25 | | the offer or request for
proposal shall appear at least 14 |
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1 | | calendar days before the response to the offer is due. |
2 | | (d) All interested respondents shall return their |
3 | | responses to the chief procurement officer for matters other |
4 | | than construction
or the higher education chief procurement |
5 | | officer,
whichever is appropriate, which shall open
and record |
6 | | them. The chief procurement officer for matters other than |
7 | | construction or higher education chief procurement officer
|
8 | | then shall forward the responses, together
with any
information |
9 | | it has available about the qualifications and other State work
|
10 | | of the respondents. |
11 | | (e) After evaluation, ranking, and selection, the |
12 | | responsible chief
procurement officer, State purchasing |
13 | | officer, or
his or her designee shall notify the chief |
14 | | procurement officer for matters other than construction
or the |
15 | | higher education chief procurement officer, whichever is |
16 | | appropriate,
of the successful respondent and shall forward
a |
17 | | copy of the signed contract for the chief procurement officer |
18 | | for matters other than construction or higher education chief
|
19 | | procurement officer's file. The chief procurement officer for |
20 | | matters other than construction or higher education chief
|
21 | | procurement officer shall
publish the names of the
responsible |
22 | | procurement decision-maker,
the agency letting the contract, |
23 | | the
successful respondent, a contract reference, and value of |
24 | | the let contract
in the next appropriate volume of the Illinois |
25 | | Procurement Bulletin. |
26 | | (f) For all professional and artistic contracts with |
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1 | | annualized value
that exceeds $100,000, evaluation and ranking |
2 | | by price are required. Any chief
procurement officer or State |
3 | | purchasing officer,
but not their designees, may select a |
4 | | respondent other than the lowest respondent by
price. In any |
5 | | case, when the contract exceeds the $100,000 threshold and
the |
6 | | lowest respondent is not selected, the chief procurement |
7 | | officer or the State
purchasing officer shall forward together
|
8 | | with the contract notice of who the low respondent by price was |
9 | | and a written decision as
to why another was selected to the |
10 | | chief procurement officer for matters other than construction |
11 | | or
the higher education chief procurement officer, whichever is |
12 | | appropriate.
The chief procurement officer for matters other |
13 | | than construction or higher education chief procurement |
14 | | officer shall publish as
provided in subsection (e) of Section |
15 | | 35-30,
but
shall include notice of the chief procurement |
16 | | officer's or State purchasing
officer's written decision. |
17 | | (g) The chief procurement officer for matters other than |
18 | | construction and higher education chief
procurement officer |
19 | | may each refine, but not
contradict, this Section by |
20 | | promulgating rules
for submission to the Procurement Policy |
21 | | Board and then to the Joint Committee
on Administrative Rules. |
22 | | Any
refinement shall be based on the principles and procedures |
23 | | of the federal
Architect-Engineer Selection Law, Public Law |
24 | | 92-582 Brooks Act, and the
Architectural, Engineering, and Land |
25 | | Surveying Qualifications Based Selection
Act; except that |
26 | | pricing shall be an integral part of the selection process. |
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1 | | (Source: P.A. 100-43, eff. 8-9-17.) |
2 | | (30 ILCS 500/50-85 new) |
3 | | Sec. 50-85. Diversity training. (a) Each chief procurement |
4 | | officer, State purchasing officer, procurement compliance |
5 | | monitor, applicable support staff of each chief procurement |
6 | | officer, State agency purchasing and contracting staff, those |
7 | | identified under subsection (c) of Section 5-45 of the State |
8 | | Officials and Employees Ethics Act who have the authority to |
9 | | participate personally and substantially in the award of State |
10 | | contracts, and any other State agency staff with substantial |
11 | | procurement and contracting responsibilities as determined by |
12 | | the chief procurement officer, in consultation with the State |
13 | | agency, shall complete annual training for diversity and |
14 | | inclusion. Each chief procurement officer shall prescribe the |
15 | | program of diversity and inclusion training appropriate for |
16 | | each chief procurement officer's jurisdiction. |
17 | | Section 25-10. The Business Enterprise for Minorities, |
18 | | Women, and Persons with
Disabilities Act is amended by changing |
19 | | Sections 4f and 6 as follows: |
20 | | (30 ILCS 575/4f) |
21 | | (Section scheduled to be repealed on June 30, 2024) |
22 | | Sec. 4f. Award of State contracts. |
23 | | (1) It is hereby declared to be the public policy of the |
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1 | | State of Illinois to promote and encourage each State agency |
2 | | and public institution of higher education to use businesses |
3 | | owned by minorities, women, and persons with disabilities in |
4 | | the area of goods and services, including, but not limited to, |
5 | | insurance services, investment management services, |
6 | | information technology services, accounting services, |
7 | | architectural and engineering services, and legal services. |
8 | | Furthermore, each State agency and public institution of higher |
9 | | education shall utilize such firms to the greatest extent |
10 | | feasible within the bounds of financial and fiduciary prudence, |
11 | | and take affirmative steps to remove any barriers to the full |
12 | | participation of such firms in the procurement and contracting |
13 | | opportunities afforded. |
14 | | (a) When a State agency or public institution of higher |
15 | | education, other than a community college, awards a |
16 | | contract for insurance services, for each State agency or |
17 | | public institution of higher education, it shall be the |
18 | | aspirational goal to use insurance brokers owned by |
19 | | minorities, women, and persons with disabilities as |
20 | | defined by this Act, for not less than 20% of the total |
21 | | annual premiums or fees; provided that, contracts |
22 | | representing at least 11% of the total annual premiums or |
23 | | fees shall be awarded to businesses owned by minorities; |
24 | | contracts representing at least 7% of the total annual |
25 | | premiums or fees shall be awarded to women-owned |
26 | | businesses; and contracts representing at least 2% of the |
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1 | | total annual premiums or fees shall be awarded to |
2 | | businesses owned by persons with disabilities. |
3 | | (b) When a State agency or public institution of higher |
4 | | education, other than a community college, awards a |
5 | | contract for investment services, for each State agency or |
6 | | public institution of higher education, it shall be the |
7 | | aspirational goal to use emerging investment managers |
8 | | owned by minorities, women, and persons with disabilities |
9 | | as defined by this Act, for not less than 20% of the total |
10 | | funds under management; provided that, contracts |
11 | | representing at least 11% of the total funds under |
12 | | management shall be awarded to businesses owned by |
13 | | minorities; contracts representing at least 7% of the total |
14 | | funds under management shall be awarded to women-owned |
15 | | businesses; and contracts representing at least 2% of the |
16 | | total funds under management shall be awarded to businesses |
17 | | owned by persons with disabilities. Furthermore, it is the |
18 | | aspirational goal that not less than 20% of the direct |
19 | | asset managers of the State funds be minorities, women, and |
20 | | persons with disabilities. |
21 | | (c) When a State agency or public institution of higher |
22 | | education, other than a community college, awards |
23 | | contracts for information technology services, accounting |
24 | | services, architectural and engineering services, and |
25 | | legal services, for each State agency and public |
26 | | institution of higher education, it shall be the |
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1 | | aspirational goal to use such firms owned by minorities, |
2 | | women, and persons with disabilities as defined by this Act |
3 | | and lawyers who are minorities, women, and persons with |
4 | | disabilities as defined by this Act, for not less than 20% |
5 | | of the total dollar amount of State contracts; provided |
6 | | that, contracts representing at least 11% of the total |
7 | | dollar amount of State contracts shall be awarded to |
8 | | businesses owned by minorities or minority lawyers; |
9 | | contracts representing at least 7% of the total dollar |
10 | | amount of State contracts shall be awarded to women-owned |
11 | | businesses or women who are lawyers; and contracts |
12 | | representing at least 2% of the total dollar amount of |
13 | | State contracts shall be awarded to businesses owned by |
14 | | persons with disabilities or persons with disabilities who |
15 | | are lawyers. |
16 | | (d) When a community college awards a contract for |
17 | | insurance services, investment services, information |
18 | | technology services, accounting services, architectural |
19 | | and engineering services, and legal services, it shall be |
20 | | the aspirational goal of each community college to use |
21 | | businesses owned by minorities, women, and persons with |
22 | | disabilities as defined in this Act for not less than 20% |
23 | | of the total amount spent on contracts for these services |
24 | | collectively; provided that, contracts representing at |
25 | | least 11% of the total amount spent on contracts for these |
26 | | services shall be awarded to businesses owned by |
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1 | | minorities; contracts representing at least 7% of the total |
2 | | amount spent on contracts for these services shall be |
3 | | awarded to women-owned businesses; and contracts |
4 | | representing at least 2% of the total amount spent on |
5 | | contracts for these services shall be awarded to businesses |
6 | | owned by persons with disabilities. When a community |
7 | | college awards contracts for investment services, |
8 | | contracts awarded to investment managers who are not |
9 | | emerging investment managers as defined in this Act shall |
10 | | not be considered businesses owned by minorities, women, or |
11 | | persons with disabilities for the purposes of this Section. |
12 | | (e) When a State agency or public institution of higher |
13 | | education issues competitive solicitations and the award |
14 | | history for a service or supply category shows awards to a |
15 | | class of business owners that are underrepresented, the |
16 | | Council shall determine the reason for the disparity and |
17 | | shall identify potential and appropriate methods to |
18 | | minimize or eliminate the cause for the disparity. |
19 | | If any State agency or public institution of higher |
20 | | education contract is eligible to be paid for or |
21 | | reimbursed, in whole or in part, with federal-aid funds, |
22 | | grants, or loans, and the provisions of this paragraph (e) |
23 | | would result in the loss of those federal-aid funds, |
24 | | grants, or loans, then the contract is exempt from the |
25 | | provisions of this paragraph (e) in order to remain |
26 | | eligible for those federal-aid funds, grants, or loans. |
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1 | | (2) As used in this Section: |
2 | | "Accounting services" means the measurement, |
3 | | processing and communication of financial information |
4 | | about economic entities including, but is not limited to, |
5 | | financial accounting, management accounting, auditing, |
6 | | cost containment and auditing services, taxation and |
7 | | accounting information systems. |
8 | | "Architectural and engineering services" means |
9 | | professional services of an architectural or engineering |
10 | | nature, or incidental services, that members of the |
11 | | architectural and engineering professions, and individuals |
12 | | in their employ, may logically or justifiably perform, |
13 | | including studies, investigations, surveying and mapping, |
14 | | tests, evaluations, consultations, comprehensive planning, |
15 | | program management, conceptual designs, plans and |
16 | | specifications, value engineering, construction phase |
17 | | services, soils engineering, drawing reviews, preparation |
18 | | of operating and maintenance manuals, and other related |
19 | | services. |
20 | | "Emerging investment manager" means an investment |
21 | | manager or claims consultant having assets under |
22 | | management below $10 billion or otherwise adjudicating |
23 | | claims. |
24 | | "Information technology services" means, but is not |
25 | | limited to, specialized technology-oriented solutions by |
26 | | combining the processes and functions of software, |
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1 | | hardware, networks, telecommunications, web designers, |
2 | | cloud developing resellers, and electronics. |
3 | | "Insurance broker" means an insurance brokerage firm, |
4 | | claims administrator, or both, that procures, places all |
5 | | lines of insurance, or administers claims with annual |
6 | | premiums or fees of at least $5,000,000 but not more than |
7 | | $10,000,000. |
8 | | "Legal services" means work performed by a lawyer |
9 | | including, but not limited to, contracts in anticipation of |
10 | | litigation, enforcement actions, or investigations. |
11 | | (3) Each State agency and public institution of higher |
12 | | education shall adopt policies that identify its plan and |
13 | | implementation procedures for increasing the use of service |
14 | | firms owned by minorities, women, and persons with |
15 | | disabilities. |
16 | | (4) Except as provided in subsection (5), the Council shall |
17 | | file no later than March 1 of each year an annual report to the |
18 | | Governor, the Bureau on Apprenticeship Programs, and the |
19 | | General Assembly. The report filed with the General Assembly |
20 | | shall be filed as required in Section 3.1 of the General |
21 | | Assembly Organization Act. This report shall: (i) identify the |
22 | | service firms used by each State agency and public institution |
23 | | of higher education, (ii) identify the actions it has |
24 | | undertaken to increase the use of service firms owned by |
25 | | minorities, women, and persons with disabilities, including |
26 | | encouraging non-minority-owned firms to use other service |
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1 | | firms owned by minorities, women, and persons with disabilities |
2 | | as subcontractors when the opportunities arise, (iii) state any |
3 | | recommendations made by the Council to each State agency and |
4 | | public institution of higher education to increase |
5 | | participation by the use of service firms owned by minorities, |
6 | | women, and persons with disabilities, and (iv) include the |
7 | | following: |
8 | | (A) For insurance services: the names of the insurance |
9 | | brokers or claims consultants used, the total of risk |
10 | | managed by each State agency and public institution of |
11 | | higher education by insurance brokers, the total |
12 | | commissions, fees paid, or both, the lines or insurance |
13 | | policies placed, and the amount of premiums placed; and the |
14 | | percentage of the risk managed by insurance brokers, the |
15 | | percentage of total commission, fees paid, or both, the |
16 | | lines or insurance policies placed, and the amount of |
17 | | premiums placed with each by the insurance brokers owned by |
18 | | minorities, women, and persons with disabilities by each |
19 | | State agency and public institution of higher education. |
20 | | (B) For investment management services: the names of |
21 | | the investment managers used, the total funds under |
22 | | management of investment managers; the total commissions, |
23 | | fees paid, or both; the total and percentage of funds under |
24 | | management of emerging investment managers owned by |
25 | | minorities, women, and persons with disabilities, |
26 | | including the total and percentage of total commissions, |
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1 | | fees paid, or both by each State agency and public |
2 | | institution of higher education. |
3 | | (C) The names of service firms, the percentage and |
4 | | total dollar amount paid for professional services by |
5 | | category by each State agency and public institution of |
6 | | higher education. |
7 | | (D) The names of service firms, the percentage and |
8 | | total dollar amount paid for services by category to firms |
9 | | owned by minorities, women, and persons with disabilities |
10 | | by each State agency and public institution of higher |
11 | | education. |
12 | | (E) The total number of contracts awarded for services |
13 | | by category and the total number of contracts awarded to |
14 | | firms owned by minorities, women, and persons with |
15 | | disabilities by each State agency and public institution of |
16 | | higher education. |
17 | | (5) For community college districts, the Business |
18 | | Enterprise Council shall only report the following information |
19 | | for each community college district: (i) the name of the |
20 | | community colleges in the district, (ii) the name and contact |
21 | | information of a person at each community college appointed to |
22 | | be the single point of contact for vendors owned by minorities, |
23 | | women, or persons with disabilities, (iii) the policy of the |
24 | | community college district concerning certified vendors, (iv) |
25 | | the certifications recognized by the community college |
26 | | district for determining whether a business is owned or |
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1 | | controlled by a minority, woman, or person with a disability, |
2 | | (v) outreach efforts conducted by the community college |
3 | | district to increase the use of certified vendors, (vi) the |
4 | | total expenditures by the community college district in the |
5 | | prior fiscal year in the divisions of work specified in |
6 | | paragraphs (a), (b), and (c) of subsection (1) of this Section |
7 | | and the amount paid to certified vendors in those divisions of |
8 | | work, and (vii) the total number of contracts entered into for |
9 | | the divisions of work specified in paragraphs (a), (b), and (c) |
10 | | of subsection (1) of this Section and the total number of |
11 | | contracts awarded to certified vendors providing these |
12 | | services to the community college district. The Business |
13 | | Enterprise Council shall not make any utilization reports under |
14 | | this Act for community college districts for Fiscal Year 2015 |
15 | | and Fiscal Year 2016, but shall make the report required by |
16 | | this subsection for Fiscal Year 2017 and for each fiscal year |
17 | | thereafter. The Business Enterprise Council shall report the |
18 | | information in items (i), (ii), (iii), and (iv) of this |
19 | | subsection beginning in September of 2016. The Business |
20 | | Enterprise Council may collect the data needed to make its |
21 | | report from the Illinois Community College Board. |
22 | | (6) The status of the utilization of services shall be |
23 | | discussed at each of the regularly scheduled Business |
24 | | Enterprise Council meetings. Time shall be allotted for the |
25 | | Council to receive, review, and discuss the progress of the use |
26 | | of service firms owned by minorities, women, and persons with |
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1 | | disabilities by each State agency and public institution of |
2 | | higher education; and any evidence regarding past or present |
3 | | racial, ethnic, or gender-based discrimination which directly |
4 | | impacts a State agency or public institution of higher |
5 | | education contracting with such firms. If after reviewing such |
6 | | evidence the Council finds that there is or has been such |
7 | | discrimination against a specific group, race or sex, the |
8 | | Council shall establish sheltered markets or adjust existing |
9 | | sheltered markets tailored to address the Council's specific |
10 | | findings for the divisions of work specified in paragraphs (a), |
11 | | (b), and (c) of subsection (1) of this Section.
|
12 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20 .)
|
13 | | (30 ILCS 575/6) (from Ch. 127, par. 132.606)
|
14 | | (Section scheduled to be repealed on June 30, 2024)
|
15 | | Sec. 6. Agency compliance plans. Each State agency and |
16 | | public institutions of higher education
under the
jurisdiction |
17 | | of this Act
shall file
with the Council an annual compliance |
18 | | plan which shall outline the
goals of the State agency or |
19 | | public institutions of higher education for contracting with |
20 | | businesses owned by minorities, women, and
persons with |
21 | | disabilities for the then current fiscal
year, the manner in |
22 | | which the agency intends to reach these goals and a
timetable |
23 | | for reaching these goals. The Council shall review and approve
|
24 | | the plan of each State agency and public institutions of higher |
25 | | education and may reject any
plan that does
not comply with
|
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1 | | this Act or any rules or regulations promulgated pursuant to |
2 | | this Act.
|
3 | | (a) The compliance plan shall also include, but not be |
4 | | limited to, (1) a
policy statement, signed by the State agency |
5 | | or public institution of higher education head,
expressing a
|
6 | | commitment to
encourage the use of
businesses owned by
|
7 | | minorities, women, and persons with disabilities, (2) the |
8 | | designation of
the liaison
officer
provided for in Section 5 of |
9 | | this Act, (3) procedures to distribute to
potential contractors |
10 | | and vendors the list of all businesses legitimately classified |
11 | | as businesses owned by
minorities, women, and persons with |
12 | | disabilities and so certified under
this Act, (4) procedures to |
13 | | set
separate contract goals on specific prime contracts and |
14 | | purchase orders
with subcontracting possibilities based upon |
15 | | the type of work or services
and subcontractor availability, |
16 | | (5) procedures to assure that contractors
and vendors make good |
17 | | faith efforts to meet contract goals, (6) procedures
for |
18 | | contract goal exemption, modification and waiver, and (7) the |
19 | | delineation
of separate contract goals for businesses owned by |
20 | | minorities, women, and persons with
disabilities.
|
21 | | (b) Approval of the compliance plans shall include such |
22 | | delegation of
responsibilities to the requesting State agency |
23 | | or public institution of higher education as
the Council
deems |
24 | | necessary
and appropriate to fulfill the purpose of this Act. |
25 | | Such responsibilities
may include, but need not be limited to |
26 | | those outlined in subsections (1),
(2) and (3) of Section 7, |
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1 | | paragraph (a) of Section 8, and Section 8a of this Act.
|
2 | | (c) Each State agency and public institution of higher |
3 | | education under the jurisdiction of
this Act
shall
file with |
4 | | the Council an annual report of its utilization of businesses |
5 | | owned
by minorities, women, and persons with disabilities |
6 | | during the preceding fiscal year including lapse period |
7 | | spending
and a mid-fiscal year report of its utilization to |
8 | | date for the then current
fiscal year. The reports shall |
9 | | include a self-evaluation of the efforts of the
State agency or |
10 | | public institution of higher education to meet its goals under |
11 | | the
Act , as well as a plan to increase the diversity of the |
12 | | vendors engaged in contracts with the State agency or public |
13 | | institution of higher education, with a particular focus on the |
14 | | most underrepresented in contract awards .
|
15 | | (d) Notwithstanding any provisions to the contrary in this |
16 | | Act,
any State
agency or public institution of higher education |
17 | | which administers a construction program,
for which federal law |
18 | | or regulations establish standards and procedures for
the |
19 | | utilization of minority-owned and women-owned businesses and |
20 | | disadvantaged businesses,
shall implement a disadvantaged |
21 | | business enterprise program to include minority-owned and |
22 | | women-owned businesses and disadvantaged businesses, using
the |
23 | | federal
standards and procedures for the establishment of goals |
24 | | and
utilization procedures for the State-funded, as well as the |
25 | | federally
assisted, portions of the program. In such cases, |
26 | | these goals shall not
exceed those established pursuant to the |
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1 | | relevant federal statutes or
regulations.
Notwithstanding the |
2 | | provisions of Section 8b, the Illinois Department of
|
3 | | Transportation is authorized to establish sheltered markets |
4 | | for the
State-funded portions of the program consistent with |
5 | | federal law and
regulations.
Additionally, a compliance plan |
6 | | which is filed by such State
agency or public institution of |
7 | | higher education pursuant to this Act, which incorporates
|
8 | | equivalent terms and
conditions of its federally-approved |
9 | | compliance plan, shall be deemed
approved under this Act.
|
10 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .)
|
11 | | Article 30. |
12 | | Section 30-5. The Farmer Equity Act is amended by adding |
13 | | Section 25 as follows: |
14 | | (505 ILCS 72/25 new) |
15 | | Sec. 25. Disparity study; report. |
16 | | (a) The Department shall conduct a study and use the data |
17 | | collected to determine economic and other disparities |
18 | | associated with farm ownership and farm operations in this |
19 | | State. The study shall focus primarily on identifying and |
20 | | comparing economic, land ownership, education, and other |
21 | | related differences between African American farmers and white |
22 | | farmers, but may include data collected in regards to farmers |
23 | | from other socially disadvantaged groups. The study shall |
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1 | | collect, compare, and analyze data relating to disparities or |
2 | | differences in farm operations for the following areas: |
3 | | (1) Farm ownership and the size or acreage of the |
4 | | farmland owned compared to the number of farmers who are |
5 | | farm tenants. |
6 | | (2) The distribution of farm-related generated income |
7 | | and wealth. |
8 | | (3) The accessibility and availability to grants, |
9 | | loans, commodity subsidies, and other financial |
10 | | assistance. |
11 | | (4) Access to technical assistance programs and |
12 | | mechanization. |
13 | | (5) Participation in continuing education, outreach, |
14 | | or other agriculturally related services or programs. |
15 | | (6) Interest in farming by young or beginning farmers. |
16 | | (b) The Department shall submit a report of study to the |
17 | | Governor and General Assembly on or before January 1, 2022. The |
18 | | report shall be made available on the Department's Internet |
19 | | website. |
20 | | Article 35. |
21 | | Section 35-5. The Cannabis Regulation and Tax Act is |
22 | | amended by adding Section 10-45 as follows: |
23 | | (410 ILCS 705/10-45 new) |
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1 | | Sec. 10-45. Cannabis Equity Commission. |
2 | | (a) The Cannabis Equity Commission is created and shall |
3 | | reflect the diversity of the State of Illinois, including |
4 | | geographic, racial, and ethnic diversity. The Cannabis Equity |
5 | | Commission shall be responsible for the following: |
6 | | (1) Ensuring that equity goals in the Illinois cannabis |
7 | | industry, as stated in Section 10-40, are met. |
8 | | (2) Overseeing implementation, from a social equity |
9 | | point of view, of the original intentions of the General |
10 | | Assembly in passing this Act. |
11 | | (3) Tracking and analyzing minorities in the |
12 | | marketplace. |
13 | | (4) Ensuring that revenue is being invested properly |
14 | | into R3 areas under Section 10-40. |
15 | | (5) Recommending changes to make the law more equitable |
16 | | to communities harmed the most by the war on drugs. |
17 | | (6) Maintaining oversight of social equity programs |
18 | | and application processes under this Act, including a |
19 | | review of persons who approve applications. |
20 | | (7) Create standards to protect true social equity |
21 | | applicants from predatory businesses. |
22 | | (b) The Cannabis Equity Commission's ex officio members |
23 | | shall, within 4 months after the effective date of this |
24 | | amendatory Act of the 101st General Assembly, convene the |
25 | | Commission to appoint a full Cannabis Equity Commission and |
26 | | oversee, provide guidance to, and develop an administrative |
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1 | | structure for the Cannabis Equity Commission. The ex officio |
2 | | members are: |
3 | | (1) The Lieutenant Governor, or his or her designee, |
4 | | who shall serve as chair. |
5 | | (2) The Attorney General, or his or her designee. |
6 | | (3) The Director of Commerce and Economic Opportunity, |
7 | | or his or her designee. |
8 | | (4) The Director of Public Health, or his or her |
9 | | designee. |
10 | | (5) The Director of Corrections, or his or her |
11 | | designee. |
12 | | (6) The Director of Juvenile Justice, or his or her |
13 | | designee. |
14 | | (7) The Director of Children and Family Services, or |
15 | | his or her designee. |
16 | | (8) The Executive Director of the Illinois Criminal |
17 | | Justice Information Authority, or his or her designee. |
18 | | (9) The Director of Employment Security, or his or her |
19 | | designee. |
20 | | (10) The Secretary of Human Services, or his or her |
21 | | designee. |
22 | | (11) A member of the Senate, designated by the |
23 | | President of the Senate. |
24 | | (12) A member of the House of Representatives, |
25 | | designated by the Speaker of the House of Representatives. |
26 | | (13) A member of the Senate, designated by the Minority |
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1 | | Leader of the Senate. |
2 | | (14) A member of the House of Representatives, |
3 | | designated by the Minority Leader of the House of |
4 | | Representatives. |
5 | | (c) Within 90 days after the ex officio members convene, |
6 | | the following members shall be appointed to the Commission by |
7 | | the chair: |
8 | | (1) Eight public officials of municipal geographic |
9 | | jurisdictions in the State, or their designees. |
10 | | (2) Four community-based providers or community |
11 | | development organization representatives who provide |
12 | | services to treat violence and address the social |
13 | | determinants of health, or promote community investment, |
14 | | including, but not limited to, services such as job |
15 | | placement and training, educational services, workforce |
16 | | development programming, and wealth building. No more than |
17 | | 2 community-based organization representatives shall work |
18 | | primarily in Cook County. At least one of the |
19 | | community-based providers shall have expertise in |
20 | | providing services to an immigrant population. |
21 | | (3) Two experts in the field of violence reduction. |
22 | | (4) One male who has previously been incarcerated and |
23 | | is over the age of 24 at the time of appointment. |
24 | | (5) One female who has previously been incarcerated and |
25 | | is over the age of 24 at the time of appointment. |
26 | | (6) Two individuals who have previously been |
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1 | | incarcerated and are between the ages of 17 and 24 at the |
2 | | time of appointment. |
3 | | As used in this subsection (c), "an individual who has been |
4 | | previously incarcerated" has the same meaning as defined in |
5 | | paragraph (2) of subsection (e) of Section 10-40. |
6 | | Article 40. |
7 | | Section 40-5. The Department of Commerce and Economic |
8 | | Opportunity Law of the
Civil Administrative Code of Illinois is |
9 | | amended by adding Section 605-1055 as follows: |
10 | | (20 ILCS 605/605-1055 new) |
11 | | Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program. |
12 | | (a) There is established the Illinois Small Business |
13 | | Innovation Research (SBIR) and Small Business Technology |
14 | | Transfer (STTR) Matching Funds Program to be administered by |
15 | | the Department. In order to foster job creation and economic |
16 | | development in the State, the Department may make grants to |
17 | | eligible businesses to match funds received by the business as |
18 | | an SBIR or STTR Phase I award and to encourage businesses to |
19 | | apply for Phase II awards. |
20 | | (b) In order to be eligible for a grant under this Section, |
21 | | a business must satisfy all of the following conditions: |
22 | | (1) The business must be a for-profit, Illinois-based |
23 | | business. For the purposes of this Section, an |
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1 | | Illinois-based business is one that has its principal place |
2 | | of business in this State; |
3 | | (2) The business must have received an SBIR/STTR Phase |
4 | | I award from a participating federal agency in response to |
5 | | a specific federal solicitation. To receive the full match, |
6 | | the business must also have submitted a final Phase I |
7 | | report, demonstrated that the sponsoring agency has |
8 | | interest in the Phase II proposal, and submitted a Phase II |
9 | | proposal to the agency. |
10 | | (3) The business must satisfy all federal SBIR/STTR |
11 | | requirements. |
12 | | (4) The business shall not receive concurrent funding |
13 | | support from other sources that duplicates the purpose of |
14 | | this Section. |
15 | | (5) The business must certify that at least 51% of the |
16 | | research described in the federal SBIR/STTR Phase II |
17 | | proposal will be conducted in this State and that the |
18 | | business will remain an Illinois-based business for the |
19 | | duration of the SBIR/STTR Phase II project. |
20 | | (6) The business must demonstrate its ability to |
21 | | conduct research in its SBIR/STTR Phase II proposal. |
22 | | (c) The Department may award grants to match the funds |
23 | | received by a business through an SBIR/STTR Phase I proposal up |
24 | | to a maximum of $50,000. Seventy-five percent of the total |
25 | | grant shall be remitted to the business upon receipt of the |
26 | | SBIR/STTR Phase I award and application for funds under this |
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1 | | Section. Twenty-five percent of the total grant shall be |
2 | | remitted to the business upon submission by the business of the |
3 | | Phase II application to the funding agency and acceptance of |
4 | | the Phase I report by the funding agency. A business may |
5 | | receive only one grant under this Section per year. A business |
6 | | may receive only one grant under this Section with respect to |
7 | | each federal proposal submission. Over its lifetime, a business |
8 | | may receive a maximum of 5 awards under this Section. |
9 | | (d) A business shall apply, under oath, to the Department |
10 | | for a grant under this Section on a form prescribed by the |
11 | | Department that includes at least all of the following: |
12 | | (1) the name of the business, the form of business |
13 | | organization under which it is operated, and the names and |
14 | | addresses of the principals or management of the business; |
15 | | (2) an acknowledgment of receipt of the Phase I report |
16 | | and Phase II proposal by the relevant federal agency; and |
17 | | (3) any other information necessary for the Department |
18 | | to evaluate the application.
|
19 | | Article 45. |
20 | | Section 45-5. The Department of Central Management |
21 | | Services Law of the
Civil Administrative Code of Illinois is |
22 | | amended by adding Section 405-535 as follows: |
23 | | (20 ILCS 405/405-535 new) |
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1 | | Sec. 405-535. African Descent-Citizens Reparations |
2 | | Commission. |
3 | | (a) The African Descent-Citizens Reparations Commission is |
4 | | hereby established within the Department of Central Management |
5 | | Services. |
6 | | (b) The Commission shall include the following members: |
7 | | (1) the Governor or his or her designee; |
8 | | (2) one member of the House of Representatives |
9 | | appointed by the Speaker of the House of Representatives; |
10 | | (3) one member of the Senate appointed by the President |
11 | | of the Senate; |
12 | | (4) one member of the House of Representatives |
13 | | appointed by the Minority leader of the House of |
14 | | Representatives; |
15 | | (5) one member of the Senate appointed by the Minority |
16 | | leader of the Senate; |
17 | | (6) three representatives of a national coalition that |
18 | | supports reparations for African Americans appointed by |
19 | | the Governor; and |
20 | | (7) ten members of the public appointed by the |
21 | | Governor, at least 8 of whom are African American |
22 | | descendants of slavery. |
23 | | (c) Appointment of members to the Commission shall be made |
24 | | within 60 days after the effective date of this amendatory Act |
25 | | of the 101st General Assembly, with the first meeting of the |
26 | | Commission to be held at a reasonable period of time |
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1 | | thereafter. The Chairperson of the Commission shall be elected |
2 | | from among the members during the first meeting. Members of the |
3 | | Commission shall serve without compensation, but may be |
4 | | reimbursed for travel expenses. The 10 members of the public |
5 | | appointed by the Governor shall be from diverse backgrounds, |
6 | | including businesspersons and persons without high school |
7 | | diplomas. |
8 | | (d) Administrative support and staffing for the Commission |
9 | | shall be provided by the Department of Central Management |
10 | | Services. Any State agency under the jurisdiction of the |
11 | | Governor shall provide testimony and documents as directed by |
12 | | the Department. |
13 | | (e) The Commission shall perform the following duties: |
14 | | (1) work to ensure equity, equality, and parity for |
15 | | African American descendants of slavery mired in poverty; |
16 | | (2) develop and implement measures to ensure equity, |
17 | | equality, and parity for African American descendants of |
18 | | slavery; |
19 | | (3) hold hearings to discuss the implementation of |
20 | | measures to ensure equity, equality, and parity for African |
21 | | American descendants of slavery; |
22 | | (4) educate the public on reparations for African |
23 | | American descendants of slavery; |
24 | | (5) report to the General Assembly information and |
25 | | findings regarding the work of the Commission under this |
26 | | Section and the feasibility of reparations for Illinois |
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1 | | African American descendants of slavery, including any |
2 | | recommendations on the subject; and |
3 | | (6) discuss and perform actions regarding the |
4 | | following issues: |
5 | | (i) Preservation of African American neighborhoods |
6 | | and communities through investment in business |
7 | | development, home ownership, and affordable housing at |
8 | | the median income of each neighborhood, with a full |
9 | | range of housing services and strengthening of |
10 | | institutions, which shall include, without limitation, |
11 | | schools, parks, and community centers. |
12 | | (ii) Building and development of a Vocational |
13 | | Training Center for People of African |
14 | | Descent-Citizens, with satellite centers throughout |
15 | | the State, to address the racial disparity in the |
16 | | building trades and the de-skilling of African |
17 | | American labor through the historic discrimination in |
18 | | the building trade unions. The Center shall also have |
19 | | departments for legitimate activities in the informal |
20 | | economy and apprenticeship. |
21 | | (iii) Ensuring proportional economic |
22 | | representation in all State contracts, including |
23 | | reviews and updates of the State procurement and |
24 | | contracting requirements and procedures with the |
25 | | express goal of increasing the number of African |
26 | | American vendors and contracts for services to an |
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1 | | equitable level reflecting their population in the |
2 | | State. |
3 | | (iv) Creation and enforcement of an Illinois |
4 | | Slavery Era Disclosure Bill mandating that in addition |
5 | | to disclosure, an affidavit must be submitted entitled |
6 | | "Statement of Financial Reparations" that has been |
7 | | negotiated between the Commission established under |
8 | | this Section and a corporation or institution that |
9 | | disclosed ties to the enslavement or injury of people |
10 | | of African descent in the United States of America. |
11 | | (f) Beginning January 1, 2022, and for each year |
12 | | thereafter, the Commission shall submit a report regarding its |
13 | | actions and any information as required under this Section to |
14 | | the Governor and the General Assembly. The report of the |
15 | | Commission shall also be made available to the public on the |
16 | | Internet website of the Department of Central Management |
17 | | Services. |
18 | | Article 50. |
19 | | Section 50-5. The Deposit of State Moneys Act is amended by |
20 | | changing Section 22.5 as follows:
|
21 | | (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
|
22 | | (For force and effect of certain provisions, see Section 90 |
23 | | of P.A. 94-79) |
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1 | | Sec. 22.5. Permitted investments. The State Treasurer may, |
2 | | with the
approval of the Governor, invest and reinvest any |
3 | | State money in the treasury
which is not needed for current |
4 | | expenditures due or about to become due, in
obligations of the |
5 | | United States government or its agencies or of National
|
6 | | Mortgage Associations established by or under the National |
7 | | Housing Act, 12
U.S.C. 1701 et seq., or
in mortgage |
8 | | participation certificates representing undivided interests in
|
9 | | specified, first-lien conventional residential Illinois |
10 | | mortgages that are
underwritten, insured, guaranteed, or |
11 | | purchased by the Federal Home Loan
Mortgage Corporation or in |
12 | | Affordable Housing Program Trust Fund Bonds or
Notes as defined |
13 | | in and issued pursuant to the Illinois Housing Development
Act. |
14 | | All such obligations shall be considered as cash and may
be |
15 | | delivered over as cash by a State Treasurer to his successor.
|
16 | | The State Treasurer may, with the approval of the Governor, |
17 | | purchase
any state bonds with any money in the State Treasury |
18 | | that has been set
aside and held for the payment of the |
19 | | principal of and interest on the
bonds. The bonds shall be |
20 | | considered as cash and may be delivered over
as cash by the |
21 | | State Treasurer to his successor.
|
22 | | The State Treasurer may, with the approval of the Governor, |
23 | | invest or
reinvest any State money in the treasury that is not |
24 | | needed for
current expenditure due or about to become due, or |
25 | | any money in the
State Treasury that has been set aside and |
26 | | held for the payment of the
principal of and the interest on |
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1 | | any State bonds, in shares,
withdrawable accounts, and |
2 | | investment certificates of savings and
building and loan |
3 | | associations, incorporated under the laws of this
State or any |
4 | | other state or under the laws of the United States;
provided, |
5 | | however, that investments may be made only in those savings
and |
6 | | loan or building and loan associations the shares and |
7 | | withdrawable
accounts or other forms of investment securities |
8 | | of which are insured
by the Federal Deposit Insurance |
9 | | Corporation.
|
10 | | The State Treasurer may not invest State money in any |
11 | | savings and
loan or building and loan association unless a |
12 | | commitment by the savings
and loan (or building and loan) |
13 | | association, executed by the president
or chief executive |
14 | | officer of that association, is submitted in the
following |
15 | | form:
|
16 | | The .................. Savings and Loan (or Building |
17 | | and Loan)
Association pledges not to reject arbitrarily |
18 | | mortgage loans for
residential properties within any |
19 | | specific part of the community served
by the savings and |
20 | | loan (or building and loan) association because of
the |
21 | | location of the property. The savings and loan (or building |
22 | | and
loan) association also pledges to make loans available |
23 | | on low and
moderate income residential property throughout |
24 | | the community within
the limits of its legal restrictions |
25 | | and prudent financial practices.
|
26 | | The State Treasurer may, with the approval of the Governor, |
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1 | | invest or
reinvest any State money in the treasury
that is not |
2 | | needed for current expenditures due or about to become
due, or |
3 | | any money in the State Treasury that has been set aside and
|
4 | | held for the payment of the principal of and interest on any |
5 | | State
bonds, in bonds issued by counties or municipal |
6 | | corporations of the
State of Illinois.
|
7 | | The State Treasurer may invest or reinvest up to 5% of the |
8 | | College Savings Pool Administrative Trust Fund, the Illinois |
9 | | Public Treasurer Investment Pool (IPTIP) Administrative Trust |
10 | | Fund, and the State Treasurer's Administrative Fund that is not |
11 | | needed for current expenditures due or about to become due, in |
12 | | common or preferred stocks of publicly traded corporations, |
13 | | partnerships, or limited liability companies, organized in the |
14 | | United States, with assets exceeding $500,000,000 if: (i) the |
15 | | purchases do not exceed 1% of the corporation's or the limited |
16 | | liability company's outstanding common and preferred stock; |
17 | | (ii) no more than 10% of the total funds are invested in any |
18 | | one publicly traded corporation, partnership, or limited |
19 | | liability company; and (iii) the corporation or the limited |
20 | | liability company has not been placed on the list of restricted |
21 | | companies by the Illinois Investment Policy Board under Section |
22 | | 1-110.16 of the Illinois Pension Code. |
23 | | The State Treasurer may, with the approval of the Governor, |
24 | | invest or
reinvest any State money in the Treasury which is not |
25 | | needed for current
expenditure, due or about to become due, or |
26 | | any money in the State Treasury
which has been set aside and |
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1 | | held for the payment of the principal of and
the interest on |
2 | | any State bonds, in participations in loans, the principal
of |
3 | | which participation is fully guaranteed by an agency or |
4 | | instrumentality
of the United States government; provided, |
5 | | however, that such loan
participations are represented by |
6 | | certificates issued only by banks which
are incorporated under |
7 | | the laws of this State or any other state
or under the laws of |
8 | | the United States, and such banks, but not
the loan |
9 | | participation certificates, are insured by the Federal Deposit
|
10 | | Insurance Corporation.
|
11 | | Whenever the total amount of vouchers presented to the |
12 | | Comptroller under Section 9 of the State Comptroller Act |
13 | | exceeds the funds available in the General Revenue Fund by |
14 | | $1,000,000,000 or more, then the State Treasurer may invest any |
15 | | State money in the Treasury, other than money in the General |
16 | | Revenue Fund, Health Insurance Reserve Fund, Attorney General |
17 | | Court Ordered and Voluntary Compliance Payment Projects Fund, |
18 | | Attorney General Whistleblower Reward and Protection Fund, and |
19 | | Attorney General's State Projects and Court Ordered |
20 | | Distribution Fund, which is not needed for current |
21 | | expenditures, due or about to become due, or any money in the |
22 | | State Treasury which has been set aside and held for the |
23 | | payment of the principal of and the interest on any State bonds |
24 | | with the Office of the Comptroller in order to enable the |
25 | | Comptroller to pay outstanding vouchers. At any time, and from |
26 | | time to time outstanding, such investment shall not be greater |
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1 | | than $2,000,000,000. Such investment shall be deposited into |
2 | | the General Revenue Fund or Health Insurance Reserve Fund as |
3 | | determined by the Comptroller. Such investment shall be repaid |
4 | | by the Comptroller with an interest rate tied to the London |
5 | | Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an |
6 | | equivalent market established variable rate, but in no case |
7 | | shall such interest rate exceed the lesser of the penalty rate |
8 | | established under the State Prompt Payment Act or the timely |
9 | | pay interest rate under Section 368a of the Illinois Insurance |
10 | | Code. The State Treasurer and the Comptroller shall enter into |
11 | | an intergovernmental agreement to establish procedures for |
12 | | such investments, which market established variable rate to |
13 | | which the interest rate for the investments should be tied, and |
14 | | other terms which the State Treasurer and Comptroller |
15 | | reasonably believe to be mutually beneficial concerning these |
16 | | investments by the State Treasurer. The State Treasurer and |
17 | | Comptroller shall also enter into a written agreement for each |
18 | | such investment that specifies the period of the investment, |
19 | | the payment interval, the interest rate to be paid, the funds |
20 | | in the Treasury from which the Treasurer will draw the |
21 | | investment, and other terms upon which the State Treasurer and |
22 | | Comptroller mutually agree. Such investment agreements shall |
23 | | be public records and the State Treasurer shall post the terms |
24 | | of all such investment agreements on the State Treasurer's |
25 | | official website. In compliance with the intergovernmental |
26 | | agreement, the Comptroller shall order and the State Treasurer |
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1 | | shall transfer amounts sufficient for the payment of principal |
2 | | and interest invested by the State Treasurer with the Office of |
3 | | the Comptroller under this paragraph from the General Revenue |
4 | | Fund or the Health Insurance Reserve Fund to the respective |
5 | | funds in the Treasury from which the State Treasurer drew the |
6 | | investment. Public Act 100-1107 shall constitute an |
7 | | irrevocable and continuing authority for all amounts necessary |
8 | | for the payment of principal and interest on the investments |
9 | | made with the Office of the Comptroller by the State Treasurer |
10 | | under this paragraph, and the irrevocable and continuing |
11 | | authority for and direction to the Comptroller and Treasurer to |
12 | | make the necessary transfers. |
13 | | The State Treasurer may, with the approval of the Governor, |
14 | | invest or
reinvest any State money in the Treasury that is not |
15 | | needed for current
expenditure, due or about to become due, or |
16 | | any money in the State Treasury
that has been set aside and |
17 | | held for the payment of the principal of and
the interest on |
18 | | any State bonds, in any of the following:
|
19 | | (1) Bonds, notes, certificates of indebtedness, |
20 | | Treasury bills, or other
securities now or hereafter issued |
21 | | that are guaranteed by the full faith
and credit of the |
22 | | United States of America as to principal and interest.
|
23 | | (2) Bonds, notes, debentures, or other similar |
24 | | obligations of the United
States of America, its agencies, |
25 | | and instrumentalities.
|
26 | | (2.5) Bonds, notes, debentures, or other similar |
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1 | | obligations of a
foreign government, other than the |
2 | | Republic of the Sudan, that are guaranteed by the full |
3 | | faith and credit of that
government as to principal and |
4 | | interest, but only if the foreign government
has not |
5 | | defaulted and has met its payment obligations in a timely |
6 | | manner on
all similar obligations for a period of at least |
7 | | 25 years immediately before
the time of acquiring those |
8 | | obligations.
|
9 | | (3) Interest-bearing savings accounts, |
10 | | interest-bearing certificates of
deposit, interest-bearing |
11 | | time deposits, or any other investments
constituting |
12 | | direct obligations of any bank as defined by the Illinois
|
13 | | Banking Act.
|
14 | | (4) Interest-bearing accounts, certificates of |
15 | | deposit, or any other
investments constituting direct |
16 | | obligations of any savings and loan
associations |
17 | | incorporated under the laws of this State or any other |
18 | | state or
under the laws of the United States.
|
19 | | (5) Dividend-bearing share accounts, share certificate |
20 | | accounts, or
class of share accounts of a credit union |
21 | | chartered under the laws of this
State or the laws of the |
22 | | United States; provided, however, the principal
office of |
23 | | the credit union must be located within the State of |
24 | | Illinois.
|
25 | | (6) Bankers' acceptances of banks whose senior |
26 | | obligations are rated in
the top 2 rating categories by 2 |
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1 | | national rating agencies and maintain that
rating during |
2 | | the term of the investment.
|
3 | | (7) Short-term obligations of either corporations or |
4 | | limited liability companies organized in the United
States |
5 | | with assets exceeding $500,000,000 if (i) the obligations |
6 | | are rated
at the time of purchase at one of the 3 highest |
7 | | classifications established
by at least 2 standard rating |
8 | | services and mature not later than 270
days from the date |
9 | | of purchase, (ii) the purchases do not exceed 10% of
the |
10 | | corporation's or the limited liability company's |
11 | | outstanding obligations, (iii) no more than one-third of
|
12 | | the public agency's funds are invested in short-term |
13 | | obligations of
either corporations or limited liability |
14 | | companies, and (iv) the corporation or the limited |
15 | | liability company has not been placed on the list of |
16 | | restricted companies by the Illinois Investment Policy |
17 | | Board under Section 1-110.16 of the Illinois Pension Code.
|
18 | | (7.5) Obligations of either corporations or limited |
19 | | liability companies organized in the United States, that |
20 | | have a significant presence in this State, with assets |
21 | | exceeding $500,000,000 if: (i) the obligations are rated at |
22 | | the time of purchase at one of the 3 highest |
23 | | classifications established by at least 2 standard rating |
24 | | services and mature more than 270 days, but less than 10 |
25 | | years, from the date of purchase; (ii) the purchases do not |
26 | | exceed 10% of the corporation's or the limited liability |
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1 | | company's outstanding obligations; (iii) no more than |
2 | | one-third of the public agency's funds are invested in such |
3 | | obligations of corporations or limited liability |
4 | | companies; and (iv) the corporation or the limited |
5 | | liability company has not been placed on the list of |
6 | | restricted companies by the Illinois Investment Policy |
7 | | Board under Section 1-110.16 of the Illinois Pension Code. |
8 | | (8) Money market mutual funds registered under the |
9 | | Investment Company
Act of 1940.
|
10 | | (9) The Public Treasurers' Investment Pool created |
11 | | under Section 17 of
the State Treasurer Act or in a fund |
12 | | managed, operated, and administered by
a bank.
|
13 | | (10) Repurchase agreements of government securities |
14 | | having the meaning
set out in the Government Securities Act |
15 | | of 1986, as now or hereafter amended or succeeded, subject |
16 | | to the provisions
of that Act and the regulations issued |
17 | | thereunder.
|
18 | | (11) Investments made in accordance with the |
19 | | Technology Development
Act.
|
20 | | (12) Investments made in accordance with the Student |
21 | | Investment Account Act. |
22 | | (13) Investments constituting direct obligations of a |
23 | | community development financial institution, which is |
24 | | certified by the United States Treasury Community |
25 | | Development Financial Institutions Fund and is operating |
26 | | in the State of Illinois. |
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1 | | (14) Investments constituting direct obligations of a |
2 | | minority depository institution, as designated by the |
3 | | Federal Deposit Insurance Corporation, that is operating |
4 | | in the State of Illinois. |
5 | | For purposes of this Section, "agencies" of the United |
6 | | States
Government includes:
|
7 | | (i) the federal land banks, federal intermediate |
8 | | credit banks, banks for
cooperatives, federal farm credit |
9 | | banks, or any other entity authorized
to issue debt |
10 | | obligations under the Farm Credit Act of 1971 (12 U.S.C. |
11 | | 2001
et seq.) and Acts amendatory thereto;
|
12 | | (ii) the federal home loan banks and the federal home |
13 | | loan
mortgage corporation;
|
14 | | (iii) the Commodity Credit Corporation; and
|
15 | | (iv) any other agency created by Act of Congress.
|
16 | | The Treasurer may, with the approval of the Governor, lend |
17 | | any securities
acquired under this Act. However, securities may |
18 | | be lent under this Section
only in accordance with Federal |
19 | | Financial Institution Examination Council
guidelines and only |
20 | | if the securities are collateralized at a level sufficient
to |
21 | | assure the safety of the securities, taking into account market |
22 | | value
fluctuation. The securities may be collateralized by cash |
23 | | or collateral
acceptable under Sections 11 and 11.1.
|
24 | | (Source: P.A. 100-1107, eff. 8-27-18; 101-81, eff. 7-12-19; |
25 | | 101-206, eff. 8-2-19; 101-586, eff. 8-26-19; revised 9-25-19.)
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1 | | Article 60. |
2 | | Section 60-5. The Environmental Protection Act is amended |
3 | | by adding Section 40.4 as follows: |
4 | | (415 ILCS 5/40.4 new) |
5 | | Sec. 40.4. Environmental justice communities; community |
6 | | and environmental impact assessment; notification of |
7 | | applicants; community benefits agreements. |
8 | | (a) The Agency shall ensure that possible adverse economic, |
9 | | social, and environmental effects on environmental justice |
10 | | communities relating to any permit or permit renewal have been |
11 | | fully considered prior to publishing a draft permit or permit |
12 | | renewal for public comment, and that the final decision on the |
13 | | permit or permit renewal is made in the best overall public |
14 | | interest. |
15 | | Any person seeking a permit or permit renewal shall first |
16 | | submit to the Agency information necessary for the Agency to |
17 | | determine if the permitted activity will adversely impact an |
18 | | environmental justice community. |
19 | | (b) Any person or entity seeking a permit or permit renewal |
20 | | in an environmental justice community shall give public notice |
21 | | to the residents of the community of the following: |
22 | | (1) The person or entity's permit or permit renewal |
23 | | application. |
24 | | (2) The procedures allowing residents to file comments |
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1 | | on the application with the Agency. |
2 | | (3) The date, time, and place of a community meeting |
3 | | for the purpose of informing the surrounding community of |
4 | | the permit application and for taking comments and |
5 | | questions. The meeting shall not be held less than 30 days |
6 | | following publication of the notice. |
7 | | Community residents shall have 90 days following the |
8 | | community meeting to submit comments to the Agency. |
9 | | (c) A permit applicant for permitted activity sited in an |
10 | | environmental justice community shall enter into a community |
11 | | benefits agreement with the unit of local government in whose |
12 | | jurisdiction the permit applicant has applied. The community |
13 | | benefits agreement must, at a minimum, contain provisions |
14 | | requiring the permit applicant to mitigate the environmental |
15 | | and public health impact of the permitted activity in the |
16 | | environmental justice community. |
17 | | (d) For purposes of this Section, "permit" means a permit |
18 | | issued by the Illinois Environmental Protection Agency through |
19 | | the Clean Air Act Permit Program or the National Pollutant |
20 | | Discharge Elimination System. |
21 | | Article 70. |
22 | | Section 5. The Barber, Cosmetology, Esthetics, Hair |
23 | | Braiding, and Nail
Technology Act of 1985 is amended by adding |
24 | | Section 4-30 as follows: |
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1 | | (225 ILCS 410/4-30 new) |
2 | | Sec. 4-30. Beauty supply industry disparity study. |
3 | | (a) The Department shall compile and publish a disparity |
4 | | study by December 31, 2022 that: (1) evaluates whether there |
5 | | exists discrimination in the State's beauty supply industry; |
6 | | and (2) if so, evaluates the impact of such discrimination on |
7 | | the State and includes recommendations for reducing or |
8 | | eliminating any identified barriers to entry in the beauty |
9 | | supply industry and discriminatory behavior. The Department |
10 | | shall forward a copy of its findings and recommendations to the |
11 | | General Assembly and the Governor. |
12 | | (b) The Department may compile, collect, or otherwise |
13 | | gather data necessary for the administration of this Section |
14 | | and to carry out the Department's duty relating to the |
15 | | recommendation of policy changes. The Department shall compile |
16 | | all of the data into a single report, submit the report to the |
17 | | Governor and the General Assembly, and publish the report on |
18 | | its website. |
19 | | (c) This Section is repealed on January 1, 2024. |
20 | | Article 75. |
21 | | Section 75-1. Short title. This Act may be cited as the |
22 | | Reduction of Lead Service Lines Act. |
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1 | | Section 75-5. Purpose. The purpose of this Act is to |
2 | | require the owners and operators of community water supplies |
3 | | to: (1) create a comprehensive lead service line inventory; (2) |
4 | | provide notice to occupants of potentially affected residences |
5 | | and buildings of construction or repair work on water mains, |
6 | | lead service lines, or water meters; (3) prohibit partial lead |
7 | | service line replacements; and (4) create a lead service line |
8 | | replacement program. |
9 | | Section 75-10. Definitions. In this Act: |
10 | | "Agency" means the Environmental Protection Agency. |
11 | | "Community water supply" means a public water supply that |
12 | | serves at least 15 service connections used by year-round |
13 | | residents or regularly serves at least 25 year-round residents |
14 | | "Department" means the Department of Public Health. |
15 | | "Emergency repair" means water distribution work that |
16 | | includes unscheduled water main, water service, water valve, or |
17 | | fire hydrant
repair or replacement that results from premature |
18 | | failure or accident. |
19 | | "Lead service line" means a service line that is made of |
20 | | lead, or any lead pigtail, lead gooseneck, or other lead |
21 | | fitting that is connected to a service line, or both. |
22 | | "Non-community water supply" means a public water supply |
23 | | that is not a community water supply. |
24 | | "Potentially affected residence" means a residence where |
25 | | water service is supplied through a pipe containing lead or |
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1 | | suspected to be made of lead. |
2 | | "Service line" means the pipe from the discharge of the |
3 | | utility fitting to customer site piping or to the building |
4 | | plumbing at the first shut-off valve inside the building or 18 |
5 | | inches inside the building, whichever is shorter. |
6 | | "Small system" means a water system that regularly serves |
7 | | water to 3,300 or fewer persons. |
8 | | Section 75-15. Water service line material inventory. |
9 | | (a) The owner or operator of each community water supply |
10 | | shall develop an initial water service line material inventory |
11 | | that shall be submitted to the Agency for approval, in an |
12 | | electronic form selected by the Agency, by April 15, 2020. The |
13 | | owner or operator shall annually update and submit its |
14 | | inventory to the Agency by April 15 of each year thereafter. |
15 | | Each water service line material inventory shall identify: |
16 | | (1) The total number of service lines within or |
17 | | connected to the distribution system. |
18 | | (2) The materials of construction, including, but not |
19 | | limited to, lead, of each water service line connected to |
20 | | the distribution system. The owner or operator of the |
21 | | community water supply shall develop the inventory by |
22 | | identifying on both the customer's and the community water |
23 | | supply's side of the curb box the type of construction |
24 | | material used. |
25 | | (3) The number of the lead service lines that were |
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1 | | added and removed from the inventory after the previous |
2 | | year's submission. |
3 | | (b) The owner or operator of each community water supply |
4 | | shall maintain records of owners or residents that refuse to |
5 | | grant access to the interior of the building for purposes of |
6 | | identifying the service line material. If the owner or resident |
7 | | refuses to allow access to his or her residence or property for |
8 | | the purposes of cooperating with the inventory, the community |
9 | | water supply shall request that the owner or resident sign a |
10 | | waiver. The waiver shall be developed by the Department. If the |
11 | | owner or resident refuses to sign the waiver, the record shall |
12 | | include the dates and manner of each request and the name of |
13 | | the person who made the request. |
14 | | (c) The owner or operator of each community water supply |
15 | | shall, upon finding the presence of a lead service line, notify |
16 | | the owner and resident of the building within 24 hours, or as |
17 | | soon as is reasonably possible. |
18 | | (d) No later than January 1, 2021, the Agency shall by rule |
19 | | determine a reasonable deadline for submitting each community |
20 | | water supply's complete water service line material inventory |
21 | | required under subsection (a), not to exceed 5 years from |
22 | | January 1, 2020, unless the Agency determines that additional |
23 | | time is needed for one or more community water supply's |
24 | | inventory due to the technical feasibility of identifying lines |
25 | | within a system. |
26 | | (e) Nothing in this Section shall be construed to require |
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1 | | that service lines be unearthed. |
2 | | (f) Beginning on January 1, 2020, when conducting routine |
3 | | inspections of community water supplies, the Agency may conduct |
4 | | a separate audit to identify progress that the community water |
5 | | supply has made toward completing the water service line |
6 | | material inventory required under subsection (a). |
7 | | Section 75-20. Construction notifications. |
8 | | (a) Within 13 days before beginning planned work to repair |
9 | | or replace any water mains with lead or partial lead service |
10 | | lines attached to them or lead service lines themselves, the |
11 | | owner or operator of a community water supply shall notify each |
12 | | potentially affected residence of the planned work through an |
13 | | individual written notice. In cases where a community water |
14 | | supply must perform construction or repair work on an emergency |
15 | | basis or where the work is scheduled within 14 days of the work |
16 | | taking place, the community water supply shall notify each |
17 | | potentially affected residence as soon as is reasonably |
18 | | possible. When work is to repair or replace a water meter, the |
19 | | notification shall be provided at the time the work is |
20 | | initiated. |
21 | | (b) A notification under subsection (a) shall include, at a |
22 | | minimum, the following: |
23 | | (1) a warning that the work may result in sediment, |
24 | | possibly containing lead from the service line, in the |
25 | | residence's water; |
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1 | | (2) information concerning the best practices for |
2 | | preventing exposure to or risk of consumption of any lead |
3 | | in drinking water, including a recommendation to flush |
4 | | water lines during and after the completion of the repair |
5 | | or replacement work and to clean faucet aerator screens; |
6 | | and |
7 | | (3) information regarding the dangers of lead in young |
8 | | children and pregnant women. |
9 | | (c) To the extent that the owner or operator of a community |
10 | | water supply serves a significant proportion of non-English |
11 | | speaking consumers, a notification under subsection (a) must |
12 | | contain information in the appropriate languages regarding the |
13 | | importance of the notice, and it must contain a telephone |
14 | | number or address where a person who is served may contact the |
15 | | owner or operator of the community water supply to obtain a |
16 | | translated copy of the notification or to request assistance in |
17 | | the appropriate language. |
18 | | (d) Notwithstanding anything to the contrary set forth in |
19 | | this Section, publication notification through local media, |
20 | | social media, or other similar means may be used in lieu of an |
21 | | individual written notification to the extent that: (1) |
22 | | notification is required for the entire community served by a |
23 | | community water supply; (2) notification is required for |
24 | | construction or repairs occurring on an emergency basis; or (3) |
25 | | the community water supply is a small system. |
26 | | (e) If an owner or operator of a community water supply is |
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1 | | required to provide an individual written notification to a |
2 | | residence that is a multidwelling building, then posting a |
3 | | written notification on the primary entrance way to the |
4 | | building shall be sufficient. |
5 | | (f) The notification requirements in this Section do not |
6 | | apply to work performed on water mains that are used to |
7 | | transmit treated water between community water supplies and |
8 | | that have no service connections. |
9 | | (g) A community water supply is not required to comply with |
10 | | this Section to the extent that the corresponding water service |
11 | | line material inventory has been completed and demonstrates |
12 | | that the community water supply's distribution system does not |
13 | | include lead service lines. |
14 | | Section 75-25. Lead service line replacement program. |
15 | | (a) Every community water supply in Illinois that has known |
16 | | lead service lines shall create a plan to replace all lead |
17 | | service lines and galvanized service lines if the service line |
18 | | is or was connected to lead piping. Each community water supply |
19 | | shall submit its lead service line replacement plan to the |
20 | | Agency for approval, in an electronic form selected by the |
21 | | Agency, by April 15, 2021. Each community water supply shall |
22 | | annually update and submit its plan to the Agency by April 15 |
23 | | of each year thereafter in conjunction with the water service |
24 | | line material inventory required under Section 15. The Agency |
25 | | shall make each plan available to the public by maintaining |
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1 | | them on the Agency website. |
2 | | (b) Each lead service line replacement program plan shall |
3 | | include the following: |
4 | | (1) The water service line material inventory |
5 | | conducted under Section 15. |
6 | | (2) An analysis of whether the community water supply |
7 | | has control over lead service lines in its system. |
8 | | (3) An analysis of costs and financing options for |
9 | | replacing the system's lead service line that minimizes the |
10 | | overall cost of system replacement. The analysis shall |
11 | | include, but is not limited to: |
12 | | (A) a detailed accounting of costs;
|
13 | | (B) measures to address affordability for |
14 | | customers or rate payers;
|
15 | | (C) consideration of different scenarios for |
16 | | structuring payments between the utility and its |
17 | | customers over time;
|
18 | | (D) an explanation of the rationale for any permit |
19 | | fees or other charges to a property owner associated |
20 | | with lead service lines, and plans for utilization of |
21 | | revenues derived from those fees or other charges; and
|
22 | | (E) any other relevant factors regarding the |
23 | | rulemaking required by this Act.
|
24 | | (4) A feasibility and affordability plan that |
25 | | includes, but is not limited to, information on whether: |
26 | | (A) the community water supply pays for the portion |
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1 | | of the service lines owned by the community water |
2 | | supply and the property owner pays for the portion he |
3 | | or she owns; |
4 | | (B) the community water supply pays for the entire |
5 | | replacement and has a low interest loan for property |
6 | | owners to pay for the replacement over time on their |
7 | | water bills; or |
8 | | (C) the community water supply pays for the entire |
9 | | replacement. |
10 | | (5) A plan for prioritizing high risk areas. |
11 | | (6) A proposed schedule for replacements that includes |
12 | | annual benchmarks, not to fall below 4 percent replacement |
13 | | of inventoried lines per year. |
14 | | (7) A proposed deadline for replacing all lead service |
15 | | lines consistent with the water service line material |
16 | | inventory required under Section 15. |
17 | | (c) The Agency shall begin the rulemaking process to |
18 | | implement the requirements of this Section within 6 months of |
19 | | the effective date of this Act and shall adopt rules within one |
20 | | year after the rulemaking process begins. During the rulemaking |
21 | | process, the Agency shall consider: |
22 | | (1) the form for submitting, and process for the |
23 | | Agency's review of, lead service line replacement plans; |
24 | | (2) whether a deadline for replacing all lead service |
25 | | lines for community water supplies subject to this Act is |
26 | | appropriate considering the utility scale, technical |
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1 | | feasibility of identifying and replacing lines, and impact |
2 | | to public health of maintaining any lead service lines in |
3 | | place; |
4 | | (3) the means by a which a community water supply must |
5 | | make its lead service line replacement plan, and its |
6 | | progress towards implementing the plan, available to the |
7 | | public; |
8 | | (4) the materials deemed acceptable for lead service |
9 | | line replacement; and |
10 | | (5) any factors that a community water supply shall |
11 | | consider in developing the components of a plan required |
12 | | under subsection (a). |
13 | | (d) When a community water supply replaces a water main, |
14 | | the community water supply must identify and replace all lead |
15 | | service lines that connect to that water main during |
16 | | replacement of the water main, unless a customer refuses to |
17 | | have his or her lead service line replaced. If a customer |
18 | | refuses to have his or her lead service line replaced, the |
19 | | community water supply shall keep a record of that refusal |
20 | | consistent with subsection (b) of Section 15. |
21 | | The Agency shall by rule set reasonable fees for community |
22 | | water systems to submit replacement plans. |
23 | | (e) In order to provide water that does not become |
24 | | contaminated with lead from a lead service line or galvanized |
25 | | service line that is or was connected to lead piping, in |
26 | | accordance with constitutional limitations, and to the extent |
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1 | | not already provided for by law, a community water supply shall |
2 | | have the authority to access private property and private |
3 | | residences for the sole purpose of identifying or replacing |
4 | | lead service lines or galvanized service lines. |
5 | | Before a community water supply may access private property |
6 | | or a private residence for the purpose of replacing a lead |
7 | | service line or galvanized service line that is or was |
8 | | connected to lead piping, the community water supply shall |
9 | | notify the owner of the property and the resident at least one |
10 | | month before the planned work on the private property or in his |
11 | | or her private residence. The community water supply must meet |
12 | | the following requirements for notice under this subsection: |
13 | | (1) The notice shall be made by the community water |
14 | | supply at least every 2 weeks prior to the planned work |
15 | | until the owner and resident have been contacted. |
16 | | (2) At least one of the notices must be by certified |
17 | | mail. |
18 | | (3) The community water supply shall make personal |
19 | | contact with the owner or resident about the notice by |
20 | | visits to the property or residence. |
21 | | (4) The community water supply shall attempt to tape |
22 | | flyers with the notice to entrance doors for the property |
23 | | or residence. |
24 | | (5) To the extent that the owner or operator of a |
25 | | community water supply serves a significant proportion of |
26 | | non-English speaking consumers, a notification under this |
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1 | | Section must contain information in the appropriate |
2 | | language regarding the importance of the notice and a |
3 | | telephone number or address where a person who is served |
4 | | may contact the owner or operator of the community water |
5 | | supply to obtain a translated copy of the notification or |
6 | | to request assistance in the appropriate language. |
7 | | If the owner or resident refuses to allow access to his or |
8 | | her residence or property for the purposes of cooperating with |
9 | | the lead service line replacement, the community water supply |
10 | | shall request that the owner or resident sign a waiver. The |
11 | | waiver shall be developed by the Department and should be made |
12 | | available in the owner or resident's language. Should the owner |
13 | | or resident refuse to sign the waiver, or fail to respond to |
14 | | the community water supply subsequent to the community water |
15 | | supply's compliance with the notification requirements set |
16 | | forth in this subsection, the community water supply shall |
17 | | notify the Department in writing within 15 working days and |
18 | | shall notify the Agency as part of the annual report to the |
19 | | Agency under subsection (a). |
20 | | To the extent allowed by law, community water supplies |
21 | | shall be held harmless for damage to property when installing |
22 | | water service lines. If dangers are encountered that prevent |
23 | | the replacement of the lead service line, the community water |
24 | | supply shall notify the Department within 15 working days of |
25 | | why the replacement of the lead service could not be |
26 | | accomplished. |
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1 | | (f) Service lines that are physically disconnected from the |
2 | | distribution system are exempt from this Section. |
3 | | Section 75-30. Prohibitions. |
4 | | (a) Except as otherwise provided in this Section, no person |
5 | | shall replace a portion of a lead service line without |
6 | | replacing the entirety of the line at the same time. |
7 | | (b) If the owner or operator of a community water supply |
8 | | does not own the entire service line, then the owner or |
9 | | operator of the community water supply shall notify the owner |
10 | | of the service line, or the service line owner's authorized |
11 | | agent, that the community water supply will replace the portion |
12 | | of the service line that it owns and the owner's portion of the |
13 | | service line at the community water supply's expense. The |
14 | | notification shall follow the procedures required under |
15 | | subsection (e) of Section 25. If the service line's owner or |
16 | | authorized agent does not consent, consistent with the |
17 | | notification and waiver provisions under subsection (e) of |
18 | | Section 25, the community water supply shall not replace any |
19 | | portion of the service line, unless in conjunction with an |
20 | | emergency repair. |
21 | | (c) A person may replace a portion of a lead service line |
22 | | but not the entirety of the line when an emergency repair is |
23 | | necessary and the community water supply notifies the owner and |
24 | | resident within 36 hours, informing the owner and resident of |
25 | | mitigating strategies, such as flushing pipes before use or |
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1 | | supplying filters for drinking and cooking purposes. |
2 | | In the event of a partial service line replacement due to |
3 | | an emergency situation, the community water supply must provide |
4 | | filters and replace the remainder of the lead service line |
5 | | within 30 days of the emergency repair. |
6 | | In the event of a partial lead service line replacement |
7 | | resulting from an emergency repair, the community water supply |
8 | | shall inform the residents served by the service line that the |
9 | | community water supply shall, at the community water supply's |
10 | | expense, arrange to collect a sample from each partially |
11 | | replaced lead service line that is representative of the water |
12 | | in the service line for analysis of lead content within 72 |
13 | | hours after the completion of the partial replacement of the |
14 | | service line. The community water supply shall collect the |
15 | | sample and report the results of the analysis to the owner and |
16 | | the resident or residents served by the line within 3 business |
17 | | days of receiving the results. A mailed notice of the results |
18 | | postmarked within 3 business days after the community water |
19 | | supply receives the results shall satisfy the reporting |
20 | | requirement. |
21 | | (d) If an owner of a residence intends to replace the |
22 | | portion of the lead service line that he or she owns, then the |
23 | | owner of the residence shall provide the owner or operator of |
24 | | the community water supply of the replacement plan with notice |
25 | | at least 45 days before commencing the work. In the case of an |
26 | | emergency repair, if the notice is not feasible, and if the |
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1 | | owner of the residence notifies the owner or operator of the |
2 | | community water supply of the replacement of a portion of the |
3 | | lead service line after the work is done, then the owner or |
4 | | operator of the community water supply must replace the |
5 | | remainder of the lead service line within 90 days. |
6 | | Section 75-35. Non-community water supplies. The |
7 | | requirements of this Act do not apply to non-community water |
8 | | supplies. |
9 | | Section 75-100. The Department of Commerce and Economic |
10 | | Opportunity Law of the
Civil Administrative Code of Illinois is |
11 | | amended by adding Section 605-870 as follows: |
12 | | (20 ILCS 605/605-870 new) |
13 | | Sec. 605-870. Low-income water assistance policy and |
14 | | program. |
15 | | (a) The Department shall by rule establish a comprehensive |
16 | | low-income water assistance policy and program that |
17 | | incorporates financial assistance and includes, but is not |
18 | | limited to, water efficiency or water quality projects, such as |
19 | | lead service line replacement, or other measures to ensure that |
20 | | residents have access to affordable and clean water. The policy |
21 | | and program shall not jeopardize the ability of public |
22 | | utilities, community water supplies, or other entities to |
23 | | receive just compensation for providing services. The |
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1 | | resources applied in achieving the policy and program shall be |
2 | | coordinated and efficiently used through the integration of |
3 | | public programs and through the targeting of assistance. The |
4 | | Department shall use all appropriate and available means to |
5 | | fund this program and, to the extent possible, identify and use |
6 | | sources of funding that complement State tax revenues. The rule |
7 | | shall be finalized within 180 days of the effective date of |
8 | | this Act, or within 60 days of receiving an appropriation for |
9 | | the program. |
10 | | (b) Any person who is a resident of the State and whose |
11 | | household income is not greater than an amount determined |
12 | | annually by the Department may apply for assistance under this |
13 | | Section in accordance with rules adopted by the Department. In |
14 | | setting the annual eligibility level, the Department shall |
15 | | consider the amount of available funding and may not set a |
16 | | limit higher than 150 percent of the poverty guidelines updated |
17 | | periodically in the Federal Register by the U.S. Department of |
18 | | Health and Human Services under the authority of 42 U.S.C. |
19 | | 9902(2). |
20 | | (c) Applicants who qualify for assistance under subsection |
21 | | (b) shall, subject to appropriation from the General Assembly |
22 | | and subject to availability of funds to the Department, receive |
23 | | assistance as provided in this Section. The Department, upon |
24 | | receipt of moneys authorized under this Section for assistance, |
25 | | shall commit funds for each qualified applicant in an amount |
26 | | determined by the Department. In determining the amounts of |
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1 | | assistance to be provided to or on behalf of a qualified |
2 | | applicant, the Department shall ensure that the highest amounts |
3 | | of assistance go to households with the greatest water costs in |
4 | | relation to household income. The Department may consider |
5 | | factors such as water costs, household size, household income, |
6 | | and region of the State when determining individual household |
7 | | benefits. In adopting rules for the administration of this |
8 | | Section, the Department shall ensure that a minimum of |
9 | | one-third of the funds for the program are available for |
10 | | benefits to eligible households with the lowest incomes and |
11 | | that elderly households, households with persons with |
12 | | disabilities, and households with children under 6 years of age |
13 | | are offered a priority application period. |
14 | | (d) Application materials for the program shall be made |
15 | | available in multiple languages. |
16 | | (e) The Department may adopt any rules necessary to |
17 | | implement this Section. |
18 | | Section 75-105. The Public Utilities Act is amended by |
19 | | changing Section 8-306 as follows: |
20 | | (220 ILCS 5/8-306)
|
21 | | Sec. 8-306. Special provisions relating to water and sewer |
22 | | utilities. |
23 | | (a) No later than 120 days after the effective date of this |
24 | | amendatory Act of the 94th General Assembly, the Commission |
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1 | | shall prepare, make available to customers upon request, and |
2 | | post on its Internet web site information concerning the |
3 | | service obligations of water and sewer utilities and remedies |
4 | | that a customer may pursue for a violation of the customer's |
5 | | rights. The information shall specifically address the rights |
6 | | of a customer of a water or sewer utility in the following |
7 | | situations: |
8 | | (1) The customer's water meter is replaced. |
9 | | (2) The customer's bill increases by more than 50% |
10 | | within one billing period. |
11 | | (3) The customer's water service is terminated. |
12 | | (4) The customer wishes to complain after receiving a |
13 | | termination of service notice. |
14 | | (5) The customer is unable to make payment on a billing |
15 | | statement. |
16 | | (6) A rate is filed, including without limitation a |
17 | | surcharge or annual reconciliation filing, that will |
18 | | increase the amount billed to the customer. |
19 | | (7) The customer is billed for services provided prior |
20 | | to the date covered by the billing statement. |
21 | | (8) The customer is due to receive a credit. |
22 | | Each billing statement issued by a water or sewer utility |
23 | | shall include an Internet web site address where the customer |
24 | | can view the information required under this subsection (a) and |
25 | | a telephone number that the customer may call to request a copy |
26 | | of the information.
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1 | | (b) A water or sewer utility may discontinue service only |
2 | | after it has mailed or delivered by other means a written |
3 | | notice of discontinuance substantially in the form of Appendix |
4 | | A of 83 Ill. Adm. Code 280. The notice must include the |
5 | | Internet web site address where the customer can view the |
6 | | information required under subsection (a) and a telephone |
7 | | number that the customer may call to request a copy of the |
8 | | information. Any notice required to be delivered or mailed to a |
9 | | customer prior to discontinuance of service shall be delivered |
10 | | or mailed separately from any bill. Service shall not be |
11 | | discontinued until at least 5 days after delivery or 8 days |
12 | | after the mailing of this notice. Service shall not be |
13 | | discontinued and shall be restored if discontinued for the |
14 | | reason which is the subject of a dispute or complaint during |
15 | | the pendency of informal or formal complaint procedures of the |
16 | | Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or |
17 | | 280.170, where the customer has complied with those rules. |
18 | | Service shall not be discontinued and shall be restored if |
19 | | discontinued where a customer has established a deferred |
20 | | payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has |
21 | | not defaulted on such agreement. Residential customers who are |
22 | | indebted to a utility for past due utility service shall have |
23 | | the opportunity to make arrangements with the utility to retire |
24 | | the debt by periodic payments, referred to as a deferred |
25 | | payment agreement, unless this customer has failed to make |
26 | | payment under such a plan during the past 12 months. The terms |
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1 | | and conditions of a reasonable deferred payment agreement shall |
2 | | be determined by the utility after consideration of the |
3 | | following factors, based upon information available from |
4 | | current utility records or provided by the customer or |
5 | | applicant: |
6 | | (1) size of the past due account; |
7 | | (2) customer or applicant's ability to pay; |
8 | | (3) customer or applicant's payment history; |
9 | | (4) reason for the outstanding indebtedness; and |
10 | | (5) any other relevant factors relating to the |
11 | | circumstances of the customer or applicant's service.
|
12 | | A residential customer shall pay a maximum of one-fourth of the |
13 | | amount past due and owing at the time of entering into the |
14 | | deferred payment agreement, and the water or sewer utility |
15 | | shall allow a minimum of 2 months from the date of the |
16 | | agreement and a maximum of 12 months for payment to be made |
17 | | under a deferred payment agreement. Late payment charges may be |
18 | | assessed against the amount owing that is the subject of a |
19 | | deferred payment agreement. |
20 | | (c) A water or sewer utility shall provide notice as |
21 | | required by subsection (a) of Section 9-201 after the filing of |
22 | | each information sheet under a purchased water surcharge, |
23 | | purchased sewage treatment surcharge, or qualifying |
24 | | infrastructure plant surcharge. The utility also shall post |
25 | | notice of the filing in accordance with the requirements of 83 |
26 | | Ill. Adm. Code 255. Unless filed as part of a general rate |
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1 | | increase, notice of the filing of a purchased water surcharge |
2 | | rider, purchased sewage treatment surcharge rider, or |
3 | | qualifying infrastructure plant surcharge rider also shall be |
4 | | given in the manner required by this subsection (c) for the |
5 | | filing of information sheets. |
6 | | (d) Commission rules pertaining to formal and informal |
7 | | complaints against public utilities shall apply with full and |
8 | | equal force to water and sewer utilities and their customers, |
9 | | including provisions of 83 Ill. Adm. Code 280.170, and the |
10 | | Commission shall respond to each complaint by providing the |
11 | | consumer with a copy of the utility's response to the complaint |
12 | | and a copy of the Commission's review of the complaint and its |
13 | | findings. The Commission shall also provide the consumer with |
14 | | all available options for recourse. |
15 | | (e) Any refund shown on the billing statement of a customer |
16 | | of a water or sewer utility must be itemized and must state if |
17 | | the refund is an adjustment or credit. |
18 | | (f) Water service for building construction purposes. At |
19 | | the request of any municipality or township within the service |
20 | | area of a public utility that provides water service to |
21 | | customers within the municipality or township, a public utility |
22 | | must (1) require all water service used for building |
23 | | construction purposes to be measured by meter and subject to |
24 | | approved rates and charges for metered water service and (2) |
25 | | prohibit the unauthorized use of water taken from hydrants or |
26 | | service lines installed at construction sites. |
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1 | | (g) Water meters. |
2 | | (1) Periodic testing. Unless otherwise approved by the |
3 | | Commission, each service water meter shall be periodically |
4 | | inspected and tested in accordance with the schedule |
5 | | specified in 83 Ill. Adm. Code 600.340, or more frequently |
6 | | as the results may warrant, to insure that the meter |
7 | | accuracy is maintained within the limits set out in 83 Ill. |
8 | | Adm. Code 600.310. |
9 | | (2) Meter tests requested by customer. |
10 | | (A) Each utility furnishing metered water service |
11 | | shall, without charge, test the accuracy of any meter |
12 | | upon request by the customer served by such meter, |
13 | | provided that the meter in question has not been tested |
14 | | by the utility or by the Commission within 2 years |
15 | | previous to such request. The customer or his or her |
16 | | representatives shall have the privilege of witnessing |
17 | | the test at the option of the customer. A written |
18 | | report, giving the results of the test, shall be made |
19 | | to the customer. |
20 | | (B) When a meter that has been in service less than |
21 | | 2 years since its last test is found to be accurate |
22 | | within the limits specified in 83 Ill. Adm. Code |
23 | | 600.310, the customer shall pay a fee to the utility |
24 | | not to exceed the amounts specified in 83 Ill. Adm. |
25 | | Code 600.350(b). Fees for testing meters not included |
26 | | in this Section or so located that the cost will be out |
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1 | | of proportion to the fee specified will be determined |
2 | | by the Commission upon receipt of a complete |
3 | | description of the case. |
4 | | (3) Commission referee tests. Upon written application |
5 | | to the Commission by any customer, a test will be made of |
6 | | the customer's meter by a representative of the Commission. |
7 | | For such a test, a fee as provided for in subsection (g)(2) |
8 | | shall accompany the application. If the meter is found to |
9 | | be registering more than 1.5% fast on the average when |
10 | | tested as prescribed in 83 Ill. Adm. Code 600.310, the |
11 | | utility shall refund to the customer the amount of the fee. |
12 | | The utility shall in no way disturb the meter after a |
13 | | customer has made an application for a referee test until |
14 | | authority to do so is given by the Commission or the |
15 | | customer in writing. |
16 | | (h) Water and sewer utilities; low usage. Each public |
17 | | utility that provides water and sewer service must establish a |
18 | | unit sewer rate, subject to review by the Commission, that |
19 | | applies only to those customers who use less than 1,000 gallons |
20 | | of water in any billing period. |
21 | | (i) Water and sewer utilities; separate meters. Each public |
22 | | utility that provides water and sewer service must offer |
23 | | separate rates for water and sewer service to any commercial or |
24 | | residential customer who uses separate meters to measure each |
25 | | of those services. In order for the separate rate to apply, a |
26 | | combination of meters must be used to measure the amount of |
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1 | | water that reaches the sewer system and the amount of water |
2 | | that does not reach the sewer system. |
3 | | (j) Each water or sewer public utility must disclose on |
4 | | each billing statement any amount billed that is for service |
5 | | provided prior to the date covered by the billing statement. |
6 | | The disclosure must include the dates for which the prior |
7 | | service is being billed. Each billing statement that includes |
8 | | an amount billed for service provided prior to the date covered |
9 | | by the billing statement must disclose the dates for which that |
10 | | amount is billed and must include a copy of the document |
11 | | created under subsection (a) and a statement of current |
12 | | Commission rules concerning unbilled or misbilled service. |
13 | | (k) When the customer is due a refund resulting from |
14 | | payment of an overcharge, the utility shall credit the customer |
15 | | in the amount of overpayment with interest from the date of |
16 | | overpayment by the customer. The rate for interest shall be at |
17 | | the appropriate rate determined by the Commission under 83 Ill. |
18 | | Adm. Code 280.70. |
19 | | (l) Water and sewer public utilities; subcontractors. The |
20 | | Commission shall adopt rules for water and sewer public |
21 | | utilities to provide notice to the customers of the proper kind |
22 | | of identification that a subcontractor must present to the |
23 | | customer, to prohibit a subcontractor from soliciting or |
24 | | receiving payment of any kind for any service provided by the |
25 | | water or sewer public utility or the subcontractor, and to |
26 | | establish sanctions for violations. |
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1 | | (m) Water and sewer public utilities; nonrevenue |
2 | | unaccounted-for water. Each By December 31, 2006, each water |
3 | | public utility shall file tariffs with the Commission to |
4 | | establish the maximum percentage of nonrevenue unaccounted-for |
5 | | water that would be considered in the determination of any |
6 | | rates or surcharges. The rates or surcharges approved for a |
7 | | water public utility shall not include charges for nonrevenue |
8 | | unaccounted-for water in excess of this maximum percentage |
9 | | without well-documented support and justification for the |
10 | | Commission to consider in any request to recover charges in |
11 | | excess of the tariffed maximum percentage. |
12 | | (n) Rate increases; public forums. When any public utility |
13 | | providing water or sewer service proposes a general rate |
14 | | increase, in addition to other notice requirements, the water |
15 | | or sewer public utility must notify its customers of their |
16 | | right to request a public forum. A customer or group of |
17 | | customers must make written request to the Commission for a |
18 | | public forum and must also provide written notification of the |
19 | | request to the customer's municipal or, for unincorporated |
20 | | areas, township government. The Commission, at its discretion, |
21 | | may schedule the public forum. If it is determined that public |
22 | | forums are required for multiple municipalities or townships, |
23 | | the Commission shall schedule these public forums, in locations |
24 | | within approximately 45 minutes drive time of the |
25 | | municipalities or townships for which the public forums have |
26 | | been scheduled. The public utility must provide advance notice |
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1 | | of 30 days for each public forum to the governing bodies of |
2 | | those units of local government affected by the increase. The |
3 | | day of each public forum shall be selected so as to encourage |
4 | | the greatest public participation. Each public forum will begin |
5 | | at 7:00 p.m. Reports and comments made during or as a result of |
6 | | each public forum must be made available to the hearing |
7 | | officials and reviewed when drafting a recommended or tentative |
8 | | decision, finding or order pursuant to Section 10-111 of this |
9 | | Act.
|
10 | | (o) The Commission may allow or direct a water utility to |
11 | | establish a customer assistance program that provides |
12 | | financial relief to residential customers who qualify for |
13 | | income-related assistance. |
14 | | A customer assistance program established under this |
15 | | subsection that affects rates and charges for service is not |
16 | | discriminatory for purposes of this Act or any other law |
17 | | regulating rates and charges for service. In considering |
18 | | whether to approve a water utility's proposed customer |
19 | | assistance program, the Commission must determine that a |
20 | | customer assistance program established under this subsection |
21 | | is in the public interest. |
22 | | The Commission shall adopt rules to implement this |
23 | | subsection. These rules shall require customer assistance |
24 | | programs under this subsection to coordinate with utility |
25 | | energy efficiency programs and the Illinois Home |
26 | | Weatherization Assistance Program for the purpose of informing |
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1 | | eligible customers of additional resources that may help the |
2 | | customer conserve water. |
3 | | (p) In this subsection, "cost of service" means the total |
4 | | annual operation and maintenance expenses and capital-related |
5 | | costs incurred in meeting the various aspects of providing |
6 | | water or sanitary sewer service. |
7 | | Within one year after the effective date of this amendatory |
8 | | Act of the 101st General Assembly, an entity subject to the |
9 | | federal Safe Drinking Water Act and the federal Clean Water Act |
10 | | that serves or provides water or sewer services to a population |
11 | | of more than 3,300 shall prepare a summary of its cost of |
12 | | service for calendar year 2016. |
13 | | A summary prepared under this subsection shall be submitted |
14 | | to the Environmental Protection Agency electronically and |
15 | | shall include any standardized forms, tables, or text specified |
16 | | by the Director of the Agency. The Agency shall post all such |
17 | | summaries on the Agency's website for public viewing and in a |
18 | | timely manner after the Agency receives them. If an entity is |
19 | | required to submit a cost of service summary or similar |
20 | | document to another State agency, the entity may submit its |
21 | | report to the Agency in the form required by that State agency. |
22 | | (Source: P.A. 94-950, eff. 6-27-06.)
|
23 | | (415 ILCS 5/17.11 rep.) |
24 | | Section 75-110. The Environmental Protection Act is |
25 | | amended by repealing Section 17.11. |
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1 | | Article 85. |
2 | | Section 85-5. The Property Tax Code is amended by changing |
3 | | Sections 21-295, 21-310, 21-355 as follows:
|
4 | | (35 ILCS 200/21-295)
|
5 | | Sec. 21-295. Creation of indemnity fund.
|
6 | | (a) In counties of less than 3,000,000 inhabitants, each |
7 | | person
purchasing any property at a sale under this Code shall |
8 | | pay
to the County Collector, prior to the issuance of any |
9 | | certificate of purchase,
an indemnity fee set by the county |
10 | | collector of not more than $20 for each item purchased. A like |
11 | | sum shall be paid for each year
that all or a portion of
|
12 | | subsequent taxes are paid by the tax purchaser
and posted to
|
13 | | the tax judgment, sale, redemption and forfeiture record where |
14 | | the underlying
certificate of purchase is recorded.
|
15 | | (a-5) In counties of 3,000,000 or more inhabitants, each |
16 | | person purchasing
property at a
sale under this Code shall pay |
17 | | to the County Collector a
non-refundable fee of $80
for each |
18 | | item purchased plus an additional sum equal to 5% of taxes,
|
19 | | interest, and penalties paid by the purchaser, including the |
20 | | taxes,
interest, and penalties paid
under Section 21-240. In |
21 | | these counties, the certificate holder shall also pay
to the |
22 | | County Collector a fee of $80 for each year that all or a |
23 | | portion of
subsequent taxes are paid by the tax purchaser and |
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1 | | posted to the tax judgment,
sale, redemption, and forfeiture |
2 | | record , plus an additional sum equal to 5% of
all subsequent |
3 | | taxes, interest, and penalties. The additional 5% fees are not |
4 | | required after December 31, 2006 .
The changes to this |
5 | | subsection made by this amendatory Act of the 91st
General |
6 | | Assembly are not a new enactment, but declaratory of existing |
7 | | law.
|
8 | | (b) The amount paid prior to issuance of the certificate of |
9 | | purchase
pursuant to subsection (a) or (a-5) shall be included |
10 | | in the purchase price of
the property in the
certificate of |
11 | | purchase and all amounts paid under this Section shall be
|
12 | | included in the amount
required to redeem under Section 21-355 , |
13 | | except for the non-refundable $80 fee for each item purchased |
14 | | at the tax sale as provided in this Section .
Except as |
15 | | otherwise provided in subsection (b) of Section 21-300, all
|
16 | | money received under subsection (a) or (a-5) shall be paid by |
17 | | the Collector
to the
County Treasurer of the County in which |
18 | | the land is situated, for the purpose
of an indemnity fund. The |
19 | | County Treasurer, as trustee of that fund, shall
invest all of |
20 | | that fund, principal and income, in his or her hands from time |
21 | | to
time, if not immediately required for payments of |
22 | | indemnities under subsection
(a) of Section 21-305, in |
23 | | investments permitted by the Illinois State Board of
Investment |
24 | | under Article 22A of the Illinois Pension Code. The county
|
25 | | collector shall report annually to the county clerk on the |
26 | | condition and
income of the fund. The indemnity fund shall be |
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1 | | held to satisfy judgments
obtained against the County |
2 | | Treasurer, as trustee of the fund. No payment shall
be made |
3 | | from the fund, except upon a judgment of the court which |
4 | | ordered the
issuance of a tax deed.
|
5 | | (Source: P.A. 100-1070, eff. 1-1-19 .)
|
6 | | (35 ILCS 200/21-310)
|
7 | | Sec. 21-310. Sales in error.
|
8 | | (a) When, upon application of the county collector, the |
9 | | owner of the
certificate of purchase, or a
municipality which |
10 | | owns or has owned the property ordered sold, it appears to
the |
11 | | satisfaction of the court which ordered the property sold that |
12 | | any of the
following subsections are applicable, the court |
13 | | shall declare the sale to be a
sale in error:
|
14 | | (1) the property was not subject to taxation, or all or |
15 | | any part of the
lien of taxes sold has become null and void |
16 | | pursuant to Section 21-95
or unenforceable pursuant to |
17 | | subsection (c) of Section 18-250 or subsection
(b) of |
18 | | Section 22-40,
|
19 | | (2) the taxes or special assessments had been paid |
20 | | prior to the sale of
the property,
|
21 | | (3) there is a double assessment,
|
22 | | (4) the description is void for uncertainty,
|
23 | | (5) the assessor, chief county assessment officer, |
24 | | board of review,
board of appeals, or other county official |
25 | | has made an error (other than an
error of judgment as to
|
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1 | | the value of any property),
|
2 | | (5.5) the owner of the homestead property had tendered |
3 | | timely and full
payment to the county collector that the |
4 | | owner reasonably believed was due and
owing on the |
5 | | homestead property, and the county collector did not apply |
6 | | the
payment to the homestead property; provided that this |
7 | | provision applies only to
homeowners, not their agents or |
8 | | third-party payors,
|
9 | | (6) prior to the tax sale a voluntary or involuntary |
10 | | petition has been
filed by or against the legal or |
11 | | beneficial owner of the property requesting
relief under |
12 | | the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,
|
13 | | (7) the property is owned by the United States, the |
14 | | State of Illinois,
a municipality, or a
taxing district, or |
15 | | (8) the owner of the property is a reservist or |
16 | | guardsperson who is granted an extension of his or her due |
17 | | date under Sections 21-15, 21-20, and 21-25 of this Act.
|
18 | | (b) When, upon application of the owner of the certificate |
19 | | of purchase
only, it appears to the satisfaction of the court |
20 | | which ordered the property
sold that any of the following |
21 | | subsections are applicable, the court shall
declare the sale to |
22 | | be a sale in error:
|
23 | | (1) A voluntary or involuntary petition under the |
24 | | provisions of 11
U.S.C. Chapter 7, 11, 12, or 13 has been |
25 | | filed
subsequent to the tax sale and prior to the issuance |
26 | | of the tax deed.
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1 | | (2) The improvements upon the property sold have been |
2 | | substantially
destroyed or rendered uninhabitable or |
3 | | otherwise unfit for occupancy subsequent
to the tax sale |
4 | | and prior to the issuance of the tax deed; however, if the |
5 | | court declares a sale in error under this paragraph (2), |
6 | | the court may order the holder of the certificate of |
7 | | purchase to assign the certificate to the county collector |
8 | | if requested by the county collector. The county collector |
9 | | may, upon request of the county, as trustee, or upon |
10 | | request of a taxing district having an interest in the |
11 | | taxes sold, further assign any certificate of purchase |
12 | | received pursuant to this paragraph (2) to the county |
13 | | acting as trustee for taxing districts pursuant to Section |
14 | | 21-90 of this Code or to the taxing district having an |
15 | | interest in the taxes sold.
|
16 | | (3) There is an interest held by the United States in |
17 | | the property sold
which could not be extinguished by the |
18 | | tax deed.
|
19 | | (4) The real property contains a hazardous
substance, |
20 | | hazardous waste, or underground storage tank that would
|
21 | | require cleanup or other removal under any federal,
State, |
22 | | or local law, ordinance, or regulation, only if the tax |
23 | | purchaser
purchased the property without actual knowledge |
24 | | of the hazardous substance,
hazardous waste, or |
25 | | underground storage tank. This paragraph (4) applies only |
26 | | if the owner of the
certificate of purchase has made |
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1 | | application for a sale in error at any time
before the |
2 | | issuance of a tax deed. If the court declares a sale in |
3 | | error under this paragraph (4), the court may order the |
4 | | holder of the certificate of purchase to assign the |
5 | | certificate to the county collector if requested by the |
6 | | county collector. The county collector may, upon request of |
7 | | the county, as trustee, or upon request of a taxing |
8 | | district having an interest in the taxes sold, further |
9 | | assign any certificate of purchase received pursuant to |
10 | | this paragraph (4) to the county acting as trustee for |
11 | | taxing districts pursuant to Section 21-90 of this Code or |
12 | | to the taxing district having an interest in the taxes |
13 | | sold.
|
14 | | Whenever a court declares a sale in error under this |
15 | | subsection (b), the court shall promptly notify the county |
16 | | collector in writing. Every such declaration pursuant to any |
17 | | provision of this subsection (b) shall be made within the |
18 | | proceeding in which the tax sale was authorized. |
19 | | (c) When the county collector discovers, prior to the |
20 | | expiration of the period of redemption, that a tax sale
should |
21 | | not have occurred for one or more of the reasons set forth in
|
22 | | subdivision (a)(1), (a)(2), (a)(6), or (a)(7) of this Section, |
23 | | the county
collector shall notify the last known owner of the |
24 | | certificate of purchase by
certified and regular mail, or other |
25 | | means reasonably calculated to provide
actual notice, that the |
26 | | county collector intends to declare an administrative
sale in |
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1 | | error and of the reasons therefor, including documentation |
2 | | sufficient
to establish the reason why the sale should not have |
3 | | occurred. The owner of the
certificate of purchase may object |
4 | | in writing within 28 days after the date of
the mailing by the |
5 | | county collector. If an objection is filed, the county
|
6 | | collector shall not administratively declare a sale in error, |
7 | | but may apply to
the circuit court for a sale in error as |
8 | | provided in subsection (a) of this
Section. Thirty days |
9 | | following the receipt of notice by the last known owner of
the |
10 | | certificate of purchase, or within a reasonable time |
11 | | thereafter, the county
collector shall make a written |
12 | | declaration, based upon clear and convincing
evidence, that the |
13 | | taxes were sold in error and shall deliver a copy thereof to
|
14 | | the county clerk within 30 days after the date the declaration |
15 | | is made for
entry in the tax judgment, sale, redemption, and |
16 | | forfeiture record pursuant to
subsection (d) of this Section. |
17 | | The county collector shall promptly notify the
last known owner |
18 | | of the certificate of purchase of the declaration by regular
|
19 | | mail and shall promptly pay the amount of the tax sale, |
20 | | together with interest
and costs as provided in Section 21-315, |
21 | | upon surrender of the original
certificate of purchase.
|
22 | | (d) If a sale is declared to be a sale in error, the county
|
23 | | clerk shall make entry in the tax judgment, sale, redemption |
24 | | and
forfeiture record, that the property was erroneously sold, |
25 | | and the county
collector shall, on demand of the owner of the |
26 | | certificate of purchase, refund
the amount paid, except for the |
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1 | | non-refundable $80 fee paid, pursuant to Section 21-295, for |
2 | | each item purchased at the tax sale, pay any interest and costs |
3 | | as may be ordered under Sections
21-315 through 21-335, and |
4 | | cancel the certificate so far as it relates to the
property. |
5 | | The county collector shall deduct from the accounts of the
|
6 | | appropriate taxing bodies their pro rata amounts paid. |
7 | | Alternatively, for sales in error declared under subsection |
8 | | (b)(2) or (b)(4), the county collector may request the circuit |
9 | | court to direct the county clerk to record any assignment of |
10 | | the tax certificate to or from the county collector without |
11 | | charging a fee for the assignment. The owner of the certificate |
12 | | of purchase shall receive all statutory refunds and payments. |
13 | | The county collector shall deduct costs and payments in the |
14 | | same manner as if a sale in error had occurred.
|
15 | | (Source: P.A. 100-890, eff. 1-1-19; 101-379, eff. 1-1-20 .)
|
16 | | (35 ILCS 200/21-355)
|
17 | | Sec. 21-355. Amount of redemption. Any person desiring to |
18 | | redeem shall
deposit an amount specified in this Section with |
19 | | the county clerk of the
county in which the property is |
20 | | situated,
in legal money of the United States, or by cashier's |
21 | | check, certified check,
post office money order or money order |
22 | | issued by a financial institution
insured by an agency or |
23 | | instrumentality of the United States, payable to the
county |
24 | | clerk of the proper county. The deposit shall be deemed timely |
25 | | only
if actually received in person at the county clerk's |
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1 | | office prior to the close
of business as defined in Section |
2 | | 3-2007 of the Counties Code on or before the
expiration of the |
3 | | period of redemption or by United
States mail with a post |
4 | | office cancellation mark dated not less than one day
prior to |
5 | | the expiration of the period of redemption. The deposit shall
|
6 | | be
in an amount equal to the total of the
following:
|
7 | | (a) the certificate amount, which shall include all tax |
8 | | principal,
special assessments, interest and penalties |
9 | | paid by the tax purchaser together
with costs and fees of |
10 | | sale and fees paid under Sections 21-295 and 21-315
through |
11 | | 21-335 , except for the non-refundable $80 fee paid, |
12 | | pursuant to Section 21-295, for each item purchased at the |
13 | | tax sale ;
|
14 | | (b) the accrued penalty, computed through the date of |
15 | | redemption as a
percentage of the certificate amount, as |
16 | | follows:
|
17 | | (1) if the redemption occurs on or before the |
18 | | expiration of 6 months
from the date of sale, the |
19 | | certificate amount times the penalty bid at sale;
|
20 | | (2) if the redemption occurs after 6 months from |
21 | | the date of sale,
and on or before the expiration of 12 |
22 | | months from the date of sale, the
certificate amount |
23 | | times 2 times the penalty bid at sale;
|
24 | | (3) if the redemption occurs after 12 months from |
25 | | the date of sale
and on or before the expiration of 18 |
26 | | months from the date of sale, the
certificate amount |
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1 | | times 3 times the penalty bid at sale;
|
2 | | (4) if the redemption occurs after 18 months from |
3 | | the date
of sale and on or before the expiration of 24 |
4 | | months from the date of sale,
the certificate amount |
5 | | times 4 times the penalty bid at sale;
|
6 | | (5) if the redemption occurs after 24 months from |
7 | | the date of sale
and on or before the expiration of 30 |
8 | | months from the date of sale, the
certificate amount |
9 | | times 5 times the penalty bid at sale;
|
10 | | (6) if the redemption occurs after 30 months from |
11 | | the date of sale
and on or before the expiration of 36 |
12 | | months from the date of sale, the
certificate amount |
13 | | times 6 times the penalty bid at sale.
|
14 | | In the event that the property to be redeemed has |
15 | | been purchased
under Section 21-405, the penalty bid |
16 | | shall be 12% per penalty
period as set forth in |
17 | | subparagraphs (1) through (6) of this subsection (b).
|
18 | | The changes to this subdivision (b)(6) made by this |
19 | | amendatory Act of the
91st General Assembly are not a |
20 | | new enactment, but declaratory of existing
law.
|
21 | | (c) The total of all taxes, special assessments, |
22 | | accrued interest on those
taxes and special assessments and |
23 | | costs charged in connection with the payment
of those taxes |
24 | | or special assessments, except for the non-refundable $80 |
25 | | fee paid, pursuant to Section 21-295, for each item |
26 | | purchased at the tax sale, which have been paid by the tax
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1 | | certificate holder on or after the date those taxes or |
2 | | special assessments
became delinquent together with 12% |
3 | | penalty on each amount so paid for each
year or portion |
4 | | thereof intervening between the date of that payment and |
5 | | the
date of redemption.
In counties with less than |
6 | | 3,000,000 inhabitants, however, a tax certificate
holder |
7 | | may not pay
all or part of an installment of a subsequent |
8 | | tax or special assessment for any
year, nor shall any
|
9 | | tender of such a payment be accepted, until after the |
10 | | second or final
installment
of the subsequent tax or |
11 | | special assessment has become delinquent
or until after the
|
12 | | holder of the certificate of purchase has filed a petition |
13 | | for a tax deed under
Section 22.30.
The person
redeeming |
14 | | shall also pay the amount of interest charged on the |
15 | | subsequent tax
or special assessment and paid as a penalty |
16 | | by the tax certificate holder.
This amendatory Act of
1995 |
17 | | applies to tax years beginning with the 1995 taxes, payable |
18 | | in 1996, and
thereafter.
|
19 | | (d) Any amount paid to redeem a forfeiture occurring |
20 | | subsequent to the
tax sale together with 12% penalty |
21 | | thereon for each year or portion thereof
intervening |
22 | | between the date of the forfeiture redemption and the date |
23 | | of
redemption from the sale.
|
24 | | (e) Any amount paid by the certificate holder for |
25 | | redemption of a
subsequently occurring tax sale.
|
26 | | (f) All fees paid to the county clerk under Section |
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1 | | 22-5.
|
2 | | (g) All fees paid to the registrar of titles incident |
3 | | to registering
the tax certificate in compliance with the |
4 | | Registered Titles (Torrens) Act.
|
5 | | (h) All fees paid to the circuit clerk and the sheriff, |
6 | | a licensed or registered private detective, or the
coroner |
7 | | in connection with the filing of the petition for tax deed |
8 | | and
service of notices under Sections 22-15 through 22-30 |
9 | | and 22-40 in addition to
(1) a fee of $35 if a petition for |
10 | | tax deed has been filed, which fee shall
be posted to the |
11 | | tax judgement, sale, redemption, and forfeiture record, to |
12 | | be
paid to the purchaser or his or her assignee; (2) a fee |
13 | | of $4 if a notice under
Section 22-5 has been filed, which |
14 | | fee shall be posted
to the tax judgment, sale, redemption, |
15 | | and forfeiture record, to be paid to
the purchaser or his |
16 | | or her assignee; (3) all costs paid to record a
lis pendens |
17 | | notice in connection with filing a petition under this |
18 | | Code; and (4) if a petition for tax deed has been filed, |
19 | | all fees up to $150 per redemption paid to a registered or |
20 | | licensed title insurance company or title insurance agent |
21 | | for a title search to identify all owners, parties |
22 | | interested, and occupants of the property, to be paid to |
23 | | the purchaser or his or her assignee.
The fees in (1) and |
24 | | (2) of this paragraph (h) shall be exempt from the posting
|
25 | | requirements of Section 21-360. The costs incurred in |
26 | | causing notices to be served by a licensed or registered |
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1 | | private detective under Section 22-15, may not exceed the |
2 | | amount that the sheriff would be authorized by law to |
3 | | charge if those notices had been served by the sheriff.
|
4 | | (i) All fees paid for publication of notice of the tax |
5 | | sale in
accordance with Section 22-20.
|
6 | | (j) All sums paid to any county, city, village or |
7 | | incorporated town for
reimbursement under Section 22-35.
|
8 | | (k) All costs and expenses of receivership under |
9 | | Section 21-410, to the
extent that these costs and expenses |
10 | | exceed any income from the property in
question, if the |
11 | | costs and expenditures have been approved by the court
|
12 | | appointing the receiver and a certified copy of the order |
13 | | or approval is filed
and posted by the certificate holder |
14 | | with the county clerk. Only actual costs
expended may be |
15 | | posted on the tax judgment, sale, redemption and forfeiture
|
16 | | record.
|
17 | | (Source: P.A. 98-1162, eff. 6-1-15 .)
|
18 | | Article 90. |
19 | | Section 90-5. The Housing Authorities Act is amended by |
20 | | changing Sections 8.23, 17, and 25 and by adding Sections |
21 | | 8.10a, 25.01, and 25.02 as follows: |
22 | | (310 ILCS 10/8.10a new) |
23 | | Sec. 8.10a. Criminal history record data. |
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1 | | (a) Every Authority organized under the provisions of this |
2 | | Act shall collect the following: |
3 | | (1) the number of applications submitted for admission |
4 | | to federally assisted housing; |
5 | | (2)
the number of applications submitted for admission |
6 | | to federally assisted housing by individuals with a |
7 | | criminal history record, if the Authority is conducting |
8 | | criminal history records checks of applicants or other |
9 | | household members; |
10 | | (3)
the number of applications for admission to |
11 | | federally assisted housing that were denied on the basis of |
12 | | a criminal history record, if the Authority is conducting |
13 | | criminal history records checks of applicants or other |
14 | | household members; |
15 | | (4)
the number of criminal records assessment hearings |
16 | | requested by applicants for housing who were denied |
17 | | federally assisted housing on the basis of a criminal |
18 | | history records check; and |
19 | | (5)
the number of denials for federally assisted |
20 | | housing that were overturned after a criminal records |
21 | | assessment hearing. |
22 | | (b) The information required in this Section shall be |
23 | | disaggregated by the race, ethnicity, and sex of applicants for |
24 | | housing. This information shall be reported to the Illinois |
25 | | Criminal Justice Information Authority and shall be compiled |
26 | | and reported to the General Assembly annually by the Illinois |
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1 | | Criminal Justice Information Authority. The Illinois Criminal |
2 | | Justice Information Authority shall also make this report |
3 | | publicly available, including on its website, without fee.
|
4 | | (310 ILCS 10/8.23)
|
5 | | Sec. 8.23.
Notification to leaseholders of the prospective |
6 | | presence of
individuals with a felony conviction felons
in
|
7 | | housing authority facilities; eviction.
|
8 | | (a) Immediately upon the receipt of the written |
9 | | notification, from the
Department of Corrections under |
10 | | subsection (c) of Section 3-14-1 of the Unified
Code of |
11 | | Corrections, that an individual with a felony conviction a |
12 | | felon
intends to reside, upon release from custody, at an |
13 | | address that is a housing
facility owned,
managed, operated, or |
14 | | leased by the Authority, the Authority must provide
written |
15 | | notification to the leaseholder residing at
that
address.
|
16 | | (b) The Authority may not evict the leaseholder described |
17 | | in subsection (a)
of
this Section unless (i) federal law |
18 | | prohibits the individual with a felony conviction from residing |
19 | | at a housing
facility owned,
managed, operated, or leased by |
20 | | the Authority and (ii) the Authority proves by a preponderance |
21 | | of the evidence
that
the leaseholder had knowledge of and |
22 | | consents to the individual's felon's
intent to reside at the |
23 | | leaseholder's address.
|
24 | | (Source: P.A. 91-506, eff. 8-13-99.)
|
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1 | | (310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
|
2 | | Sec. 17. Definitions. The following terms, wherever used or |
3 | | referred to in this
Act shall have the following respective |
4 | | meanings, unless in any case a
different meaning clearly |
5 | | appears from the context:
|
6 | | (a) "Authority" or "housing authority" shall mean a |
7 | | municipal
corporation organized in accordance with the |
8 | | provisions of this Act for
the purposes, with the powers and |
9 | | subject to the restrictions herein set
forth.
|
10 | | (b) "Area" or "area of operation" shall mean: (1) in the |
11 | | case of an
authority which is created hereunder for a city, |
12 | | village, or incorporated
town, the area within the territorial |
13 | | boundaries of said city, village, or
incorporated town, and so |
14 | | long as no county housing authority has
jurisdiction therein, |
15 | | the area within three miles from such territorial
boundaries, |
16 | | except any part of such area located within the territorial
|
17 | | boundaries of any other city, village, or incorporated town; |
18 | | and (2) in the
case of a county shall include all of the county |
19 | | except the area of any
city, village or incorporated town |
20 | | located therein in which there is an
Authority. When an |
21 | | authority is created for a county subsequent to the
creation of |
22 | | an authority for a city, village or incorporated town within
|
23 | | the same county, the area of operation of the authority for |
24 | | such city,
village or incorporated town shall thereafter be |
25 | | limited to the territory
of such city, village or incorporated |
26 | | town, but the authority for such
city, village or incorporated |
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1 | | town may continue to operate any project
developed in whole or |
2 | | in part in an area previously a part of its area of
operation, |
3 | | or may contract with the county housing authority with respect
|
4 | | to the sale, lease, development or administration of such |
5 | | project. When an
authority is created for a city, village or |
6 | | incorporated town subsequent to
the creation of a county |
7 | | housing authority which previously included such
city, village |
8 | | or incorporated town within its area of operation, such
county |
9 | | housing authority shall have no power to create any additional
|
10 | | project within the city, village or incorporated town, but any |
11 | | existing
project in the city, village or incorporated town |
12 | | currently owned and
operated by the county housing authority |
13 | | shall remain in the ownership,
operation, custody and control |
14 | | of the county housing authority.
|
15 | | (b-5) "Criminal history record" means a record of arrest, |
16 | | complaint, indictment, or any disposition arising therefrom. |
17 | | (b-6) "Criminal history report" means any written, oral, or |
18 | | other communication of information that includes criminal |
19 | | history record information about a natural person that is |
20 | | produced by a law enforcement agency, a court, a consumer |
21 | | reporting agency, or a housing screening agency or business. |
22 | | (c) "Presiding officer" shall mean the presiding officer of |
23 | | the
board of a county, or the mayor or president of a city, |
24 | | village or
incorporated town, as the case may be, for which an |
25 | | Authority is created
hereunder.
|
26 | | (d) "Commissioner" shall mean one of the members of an |
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1 | | Authority
appointed in accordance with the provisions of this |
2 | | Act.
|
3 | | (e) "Government" shall include the State and Federal |
4 | | governments and
the governments of any subdivisions, agency or |
5 | | instrumentality,
corporate or otherwise, of either of them.
|
6 | | (f) "Department" shall mean the Department of Commerce and
|
7 | | Economic Opportunity.
|
8 | | (g) "Project" shall include all lands, buildings, and |
9 | | improvements,
acquired, owned, leased, managed or operated by a |
10 | | housing authority, and
all buildings and improvements |
11 | | constructed, reconstructed or repaired by
a housing authority, |
12 | | designed to provide housing accommodations and
facilities |
13 | | appurtenant thereto (including community facilities and
|
14 | | stores) which are planned as a unit, whether or not acquired or
|
15 | | constructed at one time even though all or a portion of the |
16 | | buildings
are not contiguous or adjacent to one another; and |
17 | | the planning of
buildings and improvements, the acquisition of |
18 | | property, the demolition
of existing structures, the clearing |
19 | | of land, the construction,
reconstruction, and repair of |
20 | | buildings or improvements and all other
work in connection |
21 | | therewith. As provided in Sections 8.14 to 8.18,
inclusive, |
22 | | "project" also means, for Housing Authorities for
|
23 | | municipalities of less than 500,000 population and for |
24 | | counties, the
conservation of urban areas in accordance with an |
25 | | approved conservation
plan. "Project" shall also include (1) |
26 | | acquisition of (i) a slum or
blighted area or a deteriorated or |
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1 | | deteriorating area which is
predominantly residential in |
2 | | character, or (ii) any other deteriorated
or deteriorating area |
3 | | which is to be developed or redeveloped for
predominantly |
4 | | residential uses, or (iii) platted urban or suburban land
which |
5 | | is predominantly open and which because of obsolete platting,
|
6 | | diversity of ownership, deterioration of structures or of site
|
7 | | improvements, or otherwise substantially impairs or arrests |
8 | | the sound
growth of the community and which is to be developed |
9 | | for predominantly
residential uses, or (iv) open unplatted |
10 | | urban or suburban land
necessary for sound community growth |
11 | | which is to be developed for
predominantly residential uses, or |
12 | | (v) any other area where parcels of
land remain undeveloped |
13 | | because of improper platting, delinquent taxes
or special |
14 | | assessments, scattered or uncertain ownerships, clouds on
|
15 | | title, artificial values due to excessive utility costs, or any |
16 | | other
impediments to the use of such area for predominantly |
17 | | residential uses;
(2) installation, construction, or |
18 | | reconstruction of streets, utilities,
and other site |
19 | | improvements essential to the preparation of sites for
uses in |
20 | | accordance with the development or redevelopment plan; and (3)
|
21 | | making the land available for development or redevelopment by |
22 | | private
enterprise or public agencies (including sale, initial |
23 | | leasing, or
retention by the local public agency itself). If in |
24 | | any city, village
or incorporated town there exists a land |
25 | | clearance commission created
under the "Blighted Areas |
26 | | Redevelopment Act of 1947" having the same
area of operation as |
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1 | | a housing authority created in and for any such
municipality |
2 | | such housing authority shall have no power to acquire land
of |
3 | | the character described in subparagraph (iii), (iv) or (v) of
|
4 | | paragraph 1 of the definition of "project" for the purpose of
|
5 | | development or redevelopment by private enterprise.
|
6 | | (h) "Community facilities" shall include lands, buildings, |
7 | | and
equipment for recreation or social assembly, for education, |
8 | | health or
welfare activities and other necessary utilities |
9 | | primarily for use and
benefit of the occupants of housing |
10 | | accommodations to be constructed,
reconstructed, repaired or |
11 | | operated hereunder.
|
12 | | (i) "Real property" shall include lands, lands under water,
|
13 | | structures, and any and all easements, franchises and |
14 | | incorporeal
hereditaments and estates, and rights, legal and |
15 | | equitable, including
terms for years and liens by way of |
16 | | judgment, mortgage or otherwise.
|
17 | | (j) The term "governing body" shall include the city |
18 | | council of any
city, the president and board of trustees of any |
19 | | village or incorporated
town, the council of any city or |
20 | | village, and the county board of any
county.
|
21 | | (k) The phrase "individual, association, corporation or
|
22 | | organization" shall include any individual, private |
23 | | corporation, limited or general partnership, limited liability |
24 | | company,
insurance company, housing corporation, neighborhood |
25 | | redevelopment
corporation, non-profit corporation, |
26 | | incorporated or unincorporated
group or association, |
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1 | | educational institution, hospital, or charitable
organization, |
2 | | and any mutual ownership or cooperative organization.
|
3 | | (l) "Conservation area", for the purpose of the exercise of |
4 | | the
powers granted in Sections 8.14 to 8.18, inclusive, for |
5 | | housing
authorities for municipalities of less than 500,000 |
6 | | population and for
counties, means an area of not less than 2 |
7 | | acres in which the structures
in 50% or more of the area are |
8 | | residential having an average age of 35
years or more. Such an |
9 | | area is not yet a slum or blighted area as
defined in the |
10 | | Blighted Areas Redevelopment Act of 1947, but such an
area by |
11 | | reason of dilapidation, obsolescence, deterioration or illegal
|
12 | | use of individual structures, overcrowding of structures and |
13 | | community
facilities, conversion of residential units into |
14 | | non-residential use,
deleterious land use or layout, decline of |
15 | | physical maintenance, lack of
community planning, or any |
16 | | combination of these factors may become a
slum and blighted |
17 | | area.
|
18 | | (m) "Conservation plan" means the comprehensive program |
19 | | for the
physical development and replanning of a "Conservation |
20 | | Area" as defined
in paragraph (l) embodying the steps required |
21 | | to prevent such
Conservation Area from becoming a slum and |
22 | | blighted area.
|
23 | | (n) "Fair use value" means the fair cash market value of |
24 | | real
property when employed for the use contemplated by a |
25 | | "Conservation Plan"
in municipalities of less than 500,000 |
26 | | population and in counties.
|
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1 | | (o) "Community facilities" means, in relation to a |
2 | | "Conservation
Plan", those physical plants which implement, |
3 | | support and facilitate the
activities, services and interests |
4 | | of education, recreation, shopping,
health, welfare, religion |
5 | | and general culture.
|
6 | | (p) "Loan agreement" means any agreement pursuant to which |
7 | | an Authority
agrees to loan the proceeds of its revenue bonds |
8 | | issued with respect to a
multifamily rental housing project or |
9 | | other funds of the Authority to any
person upon terms providing |
10 | | for
loan repayment installments at least sufficient to pay when |
11 | | due all principal
of, premium, if any, and interest on the |
12 | | revenue bonds of the Authority issued
with respect to the |
13 | | multifamily rental housing project, and providing for
|
14 | | maintenance, insurance, and
other matters as may be deemed |
15 | | desirable by the Authority.
|
16 | | (q) "Multifamily rental housing" means any rental project |
17 | | designed for
mixed-income or low-income occupancy.
|
18 | | (Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
|
19 | | (310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
|
20 | | Sec. 25. Rentals and tenant selection. In the operation or |
21 | | management
of housing projects an Authority
shall at all times |
22 | | observe the following duties with respect to rentals and
tenant |
23 | | selection:
|
24 | | (a) It shall not accept any person as a tenant in any
|
25 | | dwelling in a housing project if the persons who would occupy |
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1 | | the dwelling
have an aggregate annual income which equals or |
2 | | exceeds the amount which
the Authority determines (which |
3 | | determination shall be conclusive) to be
necessary in order to |
4 | | enable such persons to secure safe, sanitary and
uncongested |
5 | | dwelling accommodations within the area of operation of the
|
6 | | Authority and to provide an adequate standard of living for |
7 | | themselves.
|
8 | | (b) It may rent or lease the dwelling accommodations |
9 | | therein only at rentals
within the financial reach of persons |
10 | | who lack the amount of income which
it determines (pursuant to |
11 | | (a) of this Section) to be necessary in order to
obtain safe, |
12 | | sanitary and uncongested dwelling accommodations within the
|
13 | | area of operation of the Authority and to provide an adequate |
14 | | standard of
living.
|
15 | | (c) It may rent or lease to a tenant a dwelling consisting |
16 | | of the
number of rooms (but no greater number) which it deems |
17 | | necessary to provide
safe and sanitary accommodations to the |
18 | | proposed occupants thereof, without
overcrowding.
|
19 | | (d) It shall not change the residency preference of any |
20 | | prospective
tenant once the application has been accepted by |
21 | | the authority.
|
22 | | (e) It may refuse to certify or recertify applicants, |
23 | | current tenants, or
other household members if, after due |
24 | | notice
and an impartial hearing, that person or any of the |
25 | | proposed occupants of
the dwelling has, prior to or during a |
26 | | term of tenancy or occupancy in any
housing
project operated by |
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1 | | an Authority, been convicted of a criminal offense
relating to |
2 | | the sale or distribution of controlled
substances under the
|
3 | | laws of this State, the United States or any other state.
If an |
4 | | Authority desires a criminal history records check of all 50 |
5 | | states
or a 50-state confirmation of a conviction record, the |
6 | | Authority shall submit
the fingerprints of the relevant |
7 | | applicant, tenant, or other household member
to the Department |
8 | | of State Police in a manner prescribed by the Department of
|
9 | | State Police. These
fingerprints shall be checked against the |
10 | | fingerprint records now and hereafter
filed in the
Department |
11 | | of State Police and
Federal Bureau of Investigation criminal |
12 | | history records databases.
The Department of State Police shall |
13 | | charge a fee
for conducting the criminal history records check, |
14 | | which shall be deposited in
the State Police Services Fund and |
15 | | shall not exceed the actual cost of the
records check. The |
16 | | Department of State Police shall furnish pursuant to
positive |
17 | | identification, records of conviction to the Authority. An |
18 | | Authority that requests a criminal history report of an |
19 | | applicant or other household member shall inform the applicant |
20 | | at the time of the request that the applicant or other |
21 | | household member may provide additional mitigating information |
22 | | for consideration with the application for housing.
|
23 | | (e-5) Criminal history record assessment. The Authority |
24 | | shall use the following process when evaluating the criminal |
25 | | history report of an applicant or other household member to |
26 | | determine whether to rent or lease to the applicant: |
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1 | | (1) Unless required by federal law, the Authority shall |
2 | | not consider the following information when determining |
3 | | whether to rent or lease to an applicant for housing: |
4 | | (A) an arrest or detention; |
5 | | (B) criminal charges or indictments, and the |
6 | | nature of any disposition arising therefrom, that do |
7 | | not result in a conviction; |
8 | | (C) a conviction that has been vacated, ordered, |
9 | | expunged, sealed, or impounded by a court; |
10 | | (D) matters under the jurisdiction of the Illinois |
11 | | Juvenile Court; |
12 | | (E) the amount of time since the applicant or other |
13 | | household member completed his or her sentence in |
14 | | prison or jail or was released from prison or jail; or |
15 | | (F) convictions occurring more than 180 days prior |
16 | | to the date the applicant submitted his or her |
17 | | application for housing. |
18 | | (2) The Authority shall create a system for the |
19 | | independent review of criminal history reports: |
20 | | (A) the reviewer shall examine the applicant's or |
21 | | other household member's criminal history report and |
22 | | report only those records not prohibited under |
23 | | paragraph (1) to the person or persons making the |
24 | | decision about whether to offer housing to the |
25 | | applicant; and |
26 | | (B) the reviewer shall not participate in any final |
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1 | | decisions on an applicant's application for housing. |
2 | | (3) The Authority may deny an applicant's application |
3 | | for housing because of the applicant's or another household |
4 | | member's criminal history record, only if the Authority: |
5 | | (A) determines that the denial is required under |
6 | | federal law; or |
7 | | (B)
determines that there is a direct relationship |
8 | | between the applicant or the other household member's |
9 | | criminal history record and a risk to the health, |
10 | | safety, and peaceful enjoyment of fellow tenants. The |
11 | | mere existence of a criminal history record does not |
12 | | demonstrate such a risk. |
13 | | (f) It may, if a tenant has created or maintained a threat
|
14 | | constituting a serious and clear danger to the health or safety |
15 | | of other
tenants or Authority employees, after 3 days' written |
16 | | notice
of termination and without a hearing, file suit against |
17 | | any such tenant for
recovery of possession of the premises. The |
18 | | tenant shall be given the
opportunity to contest the |
19 | | termination in the court proceedings. A serious
and clear |
20 | | danger to the health or safety of other tenants or Authority
|
21 | | employees shall include, but not be limited to, any of the |
22 | | following
activities of the tenant or of any other person on |
23 | | the premises with the
consent of the tenant:
|
24 | | (1) Physical assault or the threat of physical assault.
|
25 | | (2) Illegal use of a firearm or other weapon or the |
26 | | threat to use in
an illegal manner a firearm or other |
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1 | | weapon.
|
2 | | (3) Possession of a controlled substance by the tenant |
3 | | or any other person
on the premises with the consent of the |
4 | | tenant if the tenant knew or should
have known of the |
5 | | possession by the other person of a controlled
substance, |
6 | | unless the controlled substance was obtained
directly from |
7 | | or pursuant to a valid prescription.
|
8 | | (4) Streetgang membership as defined in the Illinois
|
9 | | Streetgang Terrorism Omnibus Prevention Act.
|
10 | | The management of low-rent public housing projects |
11 | | financed and developed
under the U.S. Housing Act of 1937 shall
|
12 | | be in accordance with that Act.
|
13 | | Nothing contained in this Section or any other Section of |
14 | | this Act shall
be construed as limiting the power of an |
15 | | Authority to vest in a bondholder
or trustee the right, in the |
16 | | event of a default by the Authority, to take
possession and |
17 | | operate a housing project or cause the appointment of a
|
18 | | receiver thereof, free from all restrictions imposed by this |
19 | | Section or any
other Section of this Act.
|
20 | | (Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
|
21 | | (310 ILCS 10/25.01 new) |
22 | | Sec. 25.01. Notification. Before denying an applicant's |
23 | | housing application based, in whole or in part, on a criminal |
24 | | history record permitted under this Act, the Authority shall |
25 | | provide the opportunity for an individual assessment. The |
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1 | | applicant for housing shall be provided with a clear, written |
2 | | notice that: |
3 | | (1) explains why the Authority has determined that the |
4 | | criminal history report it obtained requires further |
5 | | review, including detailed information on whether the need |
6 | | for further review is based on federal law or on the |
7 | | Authority's determination that the criminal history record |
8 | | of the applicant or other household member indicates a risk |
9 | | to the health, safety, or peaceful enjoyment of housing for |
10 | | other residents; |
11 | | (2) identifies the specific conviction or convictions |
12 | | upon which the Authority relied upon when making its |
13 | | decision to deny the applicant's housing application; |
14 | | (3) explains that the applicant has a right to an |
15 | | individualized criminal records assessment hearing |
16 | | regarding the Authority's decision to deny the applicant's |
17 | | housing application, as set forth in Section 25.02; |
18 | | (4) provides clear instructions on what to expect |
19 | | during an individualized criminal records assessment |
20 | | hearing, as set forth in Section 25.02; |
21 | | (5) explains that if the applicant chooses not to |
22 | | participate in an individualized criminal records |
23 | | assessment hearing, the applicant's application will be |
24 | | denied; and |
25 | | (6) provides a copy of the criminal history report the |
26 | | Authority used to make its determination. |
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1 | | (310 ILCS 10/25.02 new) |
2 | | Sec. 25.02. Criminal records assessment hearing. |
3 | | (a) An applicant has the right to an individualized |
4 | | criminal records assessment hearing if the applicant's |
5 | | application for housing requires further review because of the |
6 | | applicant's or another household member's criminal history |
7 | | record. The individualized criminal records assessment hearing |
8 | | shall allow the applicant or other household member to: |
9 | | (1) contest the accuracy of the criminal history |
10 | | record; |
11 | | (2) contest the relevance of the criminal history |
12 | | record to the Authority's decision to deny the applicant's |
13 | | application for housing; and |
14 | | (3) provide mitigating evidence concerning the |
15 | | applicant's or other household member's criminal |
16 | | conviction or evidence of rehabilitation. |
17 | | (b) The Authority shall not rent or lease to any other |
18 | | person the available housing unit that is the subject of the |
19 | | applicant's individualized criminal records assessment hearing |
20 | | until after the Authority has issued a final ruling. |
21 | | (c) The Authority shall adopt rules for criminal records |
22 | | assessment hearings in accordance with Article 10 of the |
23 | | Illinois Administrative Procedure Act.
|
24 | | Article 95. |
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1 | | Section 95-5. The Department of Central Management |
2 | | Services Law of the
Civil Administrative Code of Illinois is |
3 | | amended by adding Section 405-535 as follows: |
4 | | (20 ILCS 405/405-535 new) |
5 | | Sec. 405-535. Race and gender wage reports. |
6 | | (a) Each State agency and public institution of higher |
7 | | education shall annually submit to the Department a report, |
8 | | categorized by both race and gender, specifying the respective |
9 | | wage earnings of employees of that State agency or public |
10 | | institution of higher education. |
11 | | (b) The Department shall compile the information submitted |
12 | | under this Section, and make that information available to the |
13 | | public on the Internet website of the Department. |
14 | | (c) The Department shall annually submit a report of the |
15 | | information compiled under this Section to the Governor, the |
16 | | General Assembly, and the Business Enterprise Council for |
17 | | Minorities, Women, and Persons with Disabilities. |
18 | | (d) As used in this Section: |
19 | | "Public institution of higher education" has the meaning |
20 | | provided in Section 1 of the Board of Higher Education Act. |
21 | | "State agency" has the meaning provided in subsection (b) |
22 | | of Section 405-5. |
23 | | Section 95-10. The Business Enterprise for Minorities, |
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1 | | Women, and Persons with
Disabilities Act is amended by adding |
2 | | Section 8k as follows: |
3 | | (30 ILCS 575/8k new) |
4 | | Sec. 8k. Race and gender wage report. The Department of |
5 | | Central Management Services shall annually submit a report to |
6 | | the Council, categorized by both race and gender, specifying |
7 | | the respective wage earnings of State employees as compiled |
8 | | under Section 405-535 of the Department of Central Management |
9 | | Law of the Civil Administrative Code of Illinois. |
10 | | Article 100. |
11 | | Section 100-1. Short title. This Act may be cited as the |
12 | | Community Development Loan Guarantee Act. |
13 | | Section 100-5. Policy. The General Assembly finds that it |
14 | | is vital for the State to invest in community economic |
15 | | development, particularly in communities which have been |
16 | | historically excluded from investment opportunities due to |
17 | | redlining, discriminatory banking practices, and racism. The |
18 | | purpose of this Act is to establish a Program for guaranteeing |
19 | | small business loans and consumer loans to borrowers who would |
20 | | otherwise not qualify in communities of color and low-income |
21 | | communities. |
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1 | | Section 100-10. Definitions. As used in this Act: |
2 | | "Financial institution" means a bank, a savings and loan |
3 | | association, a savings bank, a credit union, a minority |
4 | | depository institution as designated by the Federal Deposit |
5 | | Insurance Corporation, or a community development financial |
6 | | institution certified by the United States Treasury Community |
7 | | Development Financial Institutions Fund, which is operating in |
8 | | the State of Illinois. |
9 | | "Loan Guarantee Account" means an account at a financial |
10 | | institution outside the State Treasury of which the State |
11 | | Treasurer is custodian with the purpose of guaranteeing loans |
12 | | made by a financial institution in accordance with this Act. |
13 | | Section 100-15. Establishment of the Loan Guarantee |
14 | | Program. The State Treasurer may establish at any eligible |
15 | | financial institution a Loan Guarantee Account as a special |
16 | | account outside the State treasury and with the State Treasurer |
17 | | as custodian. This Account may be used to cover the losses on |
18 | | guaranteed loans at the participating financial institution.
|
19 | | Section 100-20. Eligible institutions. The State Treasurer |
20 | | shall determine the eligibility of financial institutions to |
21 | | participate in the Program. In addition to any other |
22 | | requirements of this Act and in accordance with any applicable |
23 | | federal law or program, the State Treasurer in determining |
24 | | eligibility of financial institutions shall consider (i) the |
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1 | | financial institution's commitment to low-income communities |
2 | | as defined in Section 45D(e) of the Internal Revenue Code of |
3 | | 1986 codified at 26 U.S.C. § 45D(e), and (ii) the financial |
4 | | institution's commitment to communities considered |
5 | | disproportionately impacted areas, depressed areas, or |
6 | | enterprise zones as determined, designated, or certified by the |
7 | | Department of Commerce and Economic Opportunity in accordance |
8 | | with any applicable federal law or program. |
9 | | Section 100-25. Fees. The State Treasurer may establish, as |
10 | | a component of the Program, fees of no more than 5% of the |
11 | | total guaranteed loan amount. The fees shall be deposited into |
12 | | the Loan Guarantee Account. |
13 | | Section 100-30. Use of the Loan Guarantee Account. |
14 | | (a) Moneys in the Account may be used by the participating |
15 | | financial institution to cover losses on guaranteed loans up to |
16 | | the full amount in the Account or the amount of loss, whichever |
17 | | is lesser. The State of Illinois and the State Treasurer shall |
18 | | not be responsible for any losses in excess of the full amount |
19 | | in the Loan Guarantee Account at the financial institution. |
20 | | (b) The State Treasurer may set a cap on the total funds |
21 | | held in any Loan Guarantee Account at any participating |
22 | | financial institution. Funds in excess of the cap may be |
23 | | withdrawn by the Treasurer. |
24 | | (c) The State Treasurer shall withdraw the full amount in |
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1 | | the Account in the event the Loan Guarantee Program is |
2 | | discontinued, or the financial institution leaves the Program. |
3 | | Section 100-35. Limitations on Funding. The State |
4 | | Treasurer may use up to $10,000,000 of investment earnings each |
5 | | year for the Loan Guarantee Program, provided that no more than |
6 | | $50,000,000 may be used for guaranteeing loans at any given |
7 | | time. |
8 | | Section 100-40. Rules. The State Treasurer shall adopt |
9 | | rules that are necessary and proper to implement and administer |
10 | | this Act including, but not limited to, fees and eligibility. |
11 | | Article 110. |
12 | | Section 110-5. The Deposit of State Moneys Act is amended |
13 | | by changing Section 16.3 as follows:
|
14 | | (15 ILCS 520/16.3)
|
15 | | Sec. 16.3.
Consideration of financial institution's |
16 | | commitment to its
community.
|
17 | | (a) In addition to any other
requirements of this Act, the |
18 | | State Treasurer shall is authorized to consider the
financial
|
19 | | institution's record and current level of financial commitment |
20 | | to its local
community when deciding whether to deposit State |
21 | | funds in that financial
institution. The State Treasurer may |
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1 | | consider factors including, but not
necessarily limited to:
|
2 | | (1) for financial institutions subject to the federal |
3 | | Community
Reinvestment Act of
1977, the current and |
4 | | historical ratings that the
financial institution has |
5 | | received, to the extent that those ratings are
publicly |
6 | | available, under the federal Community Reinvestment Act of |
7 | | 1977;
|
8 | | (2) any changes in ownership, management, policies, or |
9 | | practices of the
financial
institution that may affect the |
10 | | level of the financial institution's commitment
to its |
11 | | community;
|
12 | | (3) the financial impact that the withdrawal or denial |
13 | | of
deposits of State funds might have on the financial |
14 | | institution; and
|
15 | | (4) the
financial impact to the State as a result of |
16 | | withdrawing State
funds or refusing to deposit additional |
17 | | State funds in the
financial institution ; .
|
18 | | (5) the financial institution's commitment to |
19 | | low-income communities, as defined in Section 45D(e) of the |
20 | | Internal Revenue Code of 1986 codified at 26 U.S.C. § |
21 | | 45D(e); and |
22 | | (6) the financial institution's commitment to |
23 | | communities considered disproportionately impacted areas, |
24 | | depressed areas, or enterprise zones as determined, |
25 | | designated, or certified by the Department of Commerce and |
26 | | Economic Opportunity in accordance with any applicable |
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1 | | federal law or program. |
2 | | (a-5) Effective January 1, 2022, no State funds may be |
3 | | deposited in a financial institution subject to the federal |
4 | | Community Reinvestment Act of 1977, unless the institution has |
5 | | a current rating of satisfactory or outstanding under the |
6 | | federal Community Reinvestment Act of 1977. |
7 | | (b) Nothing in this Section shall be construed as |
8 | | authorizing the State
Treasurer to conduct an examination or |
9 | | investigation of a financial institution
or to receive |
10 | | information that is not publicly available and the disclosure |
11 | | of
which is otherwise prohibited by law.
|
12 | | (Source: P.A. 93-251, eff. 7-1-04 .)
|
13 | | Section 110-10. The Public Funds Investment Act is amended |
14 | | by changing Section 8 as follows:
|
15 | | (30 ILCS 235/8)
|
16 | | Sec. 8.
Consideration of financial institution's |
17 | | commitment to its
community.
|
18 | | (a) In addition to any
other requirements of this Act, a |
19 | | public agency shall is authorized to consider the
financial |
20 | | institution's record and current level of financial commitment |
21 | | to its
local community when deciding whether to deposit public |
22 | | funds in that
financial institution. The public agency may |
23 | | consider factors including, but
not necessarily limited to:
|
24 | | (1) for financial institutions subject to the federal |
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1 | | Community
Reinvestment Act of 1977, the current and |
2 | | historical ratings that the
financial institution has |
3 | | received, to the extent that those ratings are
publicly |
4 | | available, under the federal Community Reinvestment Act
of |
5 | | 1977;
|
6 | | (2) any changes in ownership, management, policies, or |
7 | | practices of
the
financial institution that may affect the |
8 | | level of the financial institution's
commitment to its |
9 | | community;
|
10 | | (3) the financial impact that the withdrawal or
denial |
11 | | of deposits of public funds might have on the financial |
12 | | institution;
|
13 | | (4) the financial impact to the public agency as a |
14 | | result of withdrawing
public
funds or refusing to deposit |
15 | | additional public funds in the financial
institution; and
|
16 | | (5) any
additional burden on the resources of the |
17 | | public agency that might result from
ceasing to maintain |
18 | | deposits of public funds at the financial institution under
|
19 | | consideration.
|
20 | | (a-5) Effective January 1, 2022, no public funds may be |
21 | | deposited in a financial institution subject to the federal |
22 | | Community Reinvestment Act of 1977, unless the institution has |
23 | | a current rating of satisfactory or outstanding under the |
24 | | federal Community Reinvestment Act of 1977. |
25 | | (b) Nothing in this Section shall be construed as |
26 | | authorizing the public
agency to conduct an examination or |
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1 | | investigation of a financial institution or
to receive |
2 | | information that is not publicly available and the disclosure |
3 | | of
which is otherwise prohibited by law.
|
4 | | (Source: P.A. 93-251, eff. 7-1-04 .)
|
5 | | Article 115. |
6 | | Section 115-1. Short title. This Act may be cited as the |
7 | | Commission on Equity and Inclusion Act. |
8 | | Section 115-5. Commission on Equity and Inclusion.
|
9 | | (a) There is hereby created the Commission on Equity and |
10 | | Inclusion, which shall consist of 7 members appointed by the |
11 | | Governor with the advice and consent of the Senate. No more |
12 | | than 4 members shall be of the same political party. The |
13 | | Governor shall designate one member as chairperson, who shall |
14 | | be the chief administrative and executive officer of the |
15 | | Commission, and shall have general supervisory authority over |
16 | | all personnel of the Commission.
|
17 | | (b) Of the members first appointed, 4 shall be appointed |
18 | | for a term to expire on the third Monday of January, 2023, and |
19 | | 3 (including the Chairperson) shall be appointed for a term to |
20 | | expire on the third Monday of January, 2025.
|
21 | | Thereafter, each member shall serve for a term of 4 years |
22 | | and until his or her successor is appointed and qualified; |
23 | | except that any member chosen to fill a vacancy occurring |
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1 | | otherwise than by expiration of a term shall be appointed only |
2 | | for the unexpired term of the member whom he or she shall |
3 | | succeed and until his or her successor is appointed and |
4 | | qualified.
|
5 | | (c) In case of a vacancy on the Commission during the |
6 | | recess of the Senate, the Governor shall make a temporary |
7 | | appointment until the next meeting of the Senate, when he or |
8 | | she shall appoint a person to fill the vacancy. Any person so |
9 | | nominated who is confirmed by the Senate shall hold office |
10 | | during the remainder of the term and until his or her successor |
11 | | is appointed and qualified. Vacancies in the Commission shall |
12 | | not impair the right of the remaining members to exercise all |
13 | | the powers of the Commission.
|
14 | | (d) The Chairperson of the Commission shall be compensated |
15 | | at the rate of $128,000 per year, or as otherwise set by this |
16 | | Section, during his or her service as Chairperson, and each |
17 | | other member shall be compensated at the rate of $121,856 per |
18 | | year, or as otherwise set by this Section. In addition, all |
19 | | members of the Commission shall be reimbursed for expenses |
20 | | actually and necessarily incurred by them in the performance of |
21 | | their duties.
Members of the Commission are eligible to receive |
22 | | pension under the State Employees' Retirement System of |
23 | | Illinois as provided under Article 14 of the Illinois Pension |
24 | | Code. |
25 | | (e) The budget established for the Commission for any given |
26 | | fiscal year shall be no less than that established for the |
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1 | | Human Rights Commission for that same fiscal year.
|
2 | | Section 115-10. Powers and duties. In addition to the other |
3 | | powers and duties which may be prescribed in this Act or |
4 | | elsewhere, the Commission shall have the following powers and |
5 | | duties:
|
6 | | (1) The Commission shall have a role in all State and |
7 | | university procurement by facilitating and streamlining |
8 | | communications between the Business Enterprise Council for |
9 | | Minorities, Women, and Persons with Disabilities, the |
10 | | purchasing entities, the Chief Procurement Officers, and |
11 | | others.
|
12 | | (2) The Commission may create a scoring evaluation for |
13 | | State agency directors, public university presidents and |
14 | | chancellors, and public community college presidents. The |
15 | | scoring shall be based on the following 3 principles: (i) |
16 | | increasing capacity; (ii) growing revenue; and (iii) |
17 | | enhancing credentials. These principles should be the |
18 | | foundation of the agency compliance plan required under |
19 | | Section 6 of the Business Enterprise for Minorities, Women, |
20 | | and Persons with Disabilities Act. |
21 | | (3) The Commission shall jointly appoint, with the |
22 | | Executive Ethics Commission, all Chief Procurement |
23 | | Officers as provided under Section 1-15.15 of the Illinois |
24 | | Procurement Code.
|
25 | | (4) The Commission shall exercise the oversight powers |
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1 | | and duties provided to it under Section 5-7 of the Illinois |
2 | | Procurement Code.
|
3 | | (5) The Commission, working with State agencies, shall |
4 | | provide support for diversity in State hiring.
|
5 | | (6) The Commission shall oversee the implementation of |
6 | | diversity training of the State workforce.
|
7 | | (7) Each January, and as otherwise frequently as may be |
8 | | deemed necessary and appropriate by the Commission, the |
9 | | Commission shall propose and submit to the Governor and the |
10 | | General Assembly legislative changes to increase inclusion |
11 | | and diversity in State government.
|
12 | | (8) The Commission shall have oversight over the |
13 | | following entities:
|
14 | | (A) the Illinois African-American Family |
15 | | Commission;
|
16 | | (B) the Illinois Latino Family Commission;
|
17 | | (C) the Asian American Family Commission;
|
18 | | (D) the Illinois Muslim American Advisory Council;
|
19 | | (E) the Illinois African-American Fair Contracting |
20 | | Commission created under Executive Order 2018-07; and
|
21 | | (F) the Business Enterprise Council
for |
22 | | Minorities, Women, and Persons with Disabilities.
|
23 | | (9) The Commission shall adopt any rules necessary for |
24 | | the implementation and administration of the requirements |
25 | | of this Act.
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1 | | Section 115-100. The Department of Transportation Law of |
2 | | the
Civil Administrative Code of Illinois is amended by adding |
3 | | Section 2705-597 as follows: |
4 | | (20 ILCS 2705/2705-597 new) |
5 | | Sec. 2705-597. Equal Employment Opportunity
Contract |
6 | | Compliance Officers. Notwithstanding any Department policy or |
7 | | rule to the contrary, the Secretary shall have jurisdiction |
8 | | over all Equal Employment Opportunity
Contract Compliance |
9 | | Officers within the Department, or within districts controlled |
10 | | by the Department, and shall be responsible for the evaluation |
11 | | of such officers. |
12 | | Section 115-105. The Illinois African-American Family |
13 | | Commission Act is amended by changing Section 30 and by adding |
14 | | Section 35 as follows: |
15 | | (20 ILCS 3903/30)
|
16 | | Sec. 30. Reporting. The Illinois African-American Family |
17 | | Commission shall annually report to the Governor , and the |
18 | | General Assembly , and the Commission on Equity and Inclusion on |
19 | | the Commission's progress toward its goals and objectives.
|
20 | | (Source: P.A. 93-867, eff. 8-5-04.) |
21 | | (20 ILCS 3903/35 new) |
22 | | Sec. 35. Oversight. Notwithstanding any provision of law |
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1 | | to the contrary, the Commission on Equity and Inclusion |
2 | | established under the Commission on Equity and Inclusion Act |
3 | | shall have general oversight of the operations of the Illinois |
4 | | African-American Family Commission. |
5 | | Section 115-110. The Asian American Family Commission Act |
6 | | is amended by changing Section 20 and by adding Section 25 as |
7 | | follows: |
8 | | (20 ILCS 3916/20)
|
9 | | Sec. 20. Report. The Asian American Family Commission shall |
10 | | annually report to the Governor , and the General Assembly , and |
11 | | the Commission on Equity and Inclusion on the Commission's |
12 | | progress toward its goals and objectives.
|
13 | | (Source: P.A. 101-392, eff. 1-1-20 .) |
14 | | (20 ILCS 3916/25 new) |
15 | | Sec. 25. Oversight. Notwithstanding any provision of law to |
16 | | the contrary, the Commission on Equity and Inclusion |
17 | | established under the Commission on Equity and Inclusion Act |
18 | | shall have general oversight of the operations of the Asian |
19 | | American Family Commission. |
20 | | Section 115-115. The Illinois Latino Family Commission Act |
21 | | is amended by changing Section 30 and by adding Section 35 as |
22 | | follows: |
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1 | | (20 ILCS 3983/30)
|
2 | | Sec. 30. Reporting. The Illinois Latino Family Commission |
3 | | shall annually report to the Governor , and the General |
4 | | Assembly , and the Commission on Equity and Inclusion on the |
5 | | Commission's progress towards its goals and objectives.
|
6 | | (Source: P.A. 95-619, eff. 9-14-07.) |
7 | | (20 ILCS 3983/35 new) |
8 | | Sec. 35. Oversight. Notwithstanding any provision of law to |
9 | | the contrary, the Commission on Equity and Inclusion |
10 | | established under the Commission on Equity and Inclusion Act |
11 | | shall have general oversight of the operations of the Illinois |
12 | | Latino Family Commission. |
13 | | Section 115-120. The Illinois Muslim American Advisory |
14 | | Council Act is amended by changing Section 30 and by adding |
15 | | Section 35 as follows: |
16 | | (20 ILCS 5110/30)
|
17 | | Sec. 30. Reports. The Council shall issue semi-annual |
18 | | reports on its policy recommendations by June 30th and December |
19 | | 31st of each year to the Governor , and the General Assembly , |
20 | | and the Commission on Equity and Inclusion .
|
21 | | (Source: P.A. 100-459, eff. 8-25-17.) |
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1 | | (20 ILCS 5110/35 new) |
2 | | Sec. 35. Oversight. Notwithstanding any provision of law to |
3 | | the contrary, the Commission on Equity and Inclusion |
4 | | established under the Commission on Equity and Inclusion Act |
5 | | shall have general oversight of the operations of the Council. |
6 | | Section 115-125. The Illinois Procurement Code is amended |
7 | | by changing Sections 1-15.15, 1-15.16, 5-7, 5-30, 10-20, 20-10, |
8 | | 20-25, 20-30, 20-60, 35-15, 35-30, 40-20, 50-20, and 50-35 as |
9 | | follows: |
10 | | (30 ILCS 500/1-15.15) |
11 | | Sec. 1-15.15. Chief Procurement Officer. "Chief
|
12 | | Procurement Officer" means any of the 4 persons appointed or |
13 | | approved by a majority of the members of the Executive Ethics |
14 | | Commission and approved by a majority vote of the Commission on |
15 | | Equity and Inclusion : |
16 | | (1) for procurements for construction and |
17 | | construction-related services
committed by law to the |
18 | | jurisdiction or responsibility of the Capital
Development |
19 | | Board, the independent chief procurement officer appointed |
20 | | by a majority of the members of the Executive Ethics |
21 | | Commission and approved by a majority vote of the |
22 | | Commission on Equity and Inclusion . |
23 | | (2) for procurements for all construction, |
24 | | construction-related services,
operation of any facility, |
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1 | | and the provision of any construction or |
2 | | construction-related service or activity
committed by law |
3 | | to the jurisdiction or responsibility of the Illinois
|
4 | | Department of Transportation, including the direct or |
5 | | reimbursable expenditure
of all federal funds for which the |
6 | | Department of Transportation is responsible
or accountable |
7 | | for the use thereof in accordance with federal law, |
8 | | regulation,
or procedure, the independent chief |
9 | | procurement officer appointed by the Secretary of |
10 | | Transportation with the consent of the majority of the |
11 | | members of the Executive Ethics Commission and approved by |
12 | | a majority vote of the Commission on Equity and Inclusion . |
13 | | (3) for all procurements made by a public institution |
14 | | of higher education, the independent chief procurement |
15 | | officer appointed by a majority of the members of the |
16 | | Executive Ethics Commission and approved by a majority vote |
17 | | of the Commission on Equity and Inclusion . |
18 | | (4) (Blank).
|
19 | | (5) for all other procurements, the independent chief |
20 | | procurement officer appointed by a majority of the members |
21 | | of the Executive Ethics Commission and approved by a |
22 | | majority vote of the Commission on Equity and Inclusion . |
23 | | (Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see |
24 | | Section 5 of P.A. 96-793 for the effective date of changes made |
25 | | by P.A. 96-795); 96-920, eff. 7-1-10.) |
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1 | | (30 ILCS 500/5-7 new) |
2 | | Sec. 5-7. Commission on Equity and Inclusion; powers and |
3 | | duties. |
4 | | (a) The Commission on Equity and Inclusion, as created |
5 | | under the Commission on Equity and Inclusion Act, shall have |
6 | | the powers and duties provided under this Section with respect |
7 | | to this Code. Nothing in this Section shall be construed as |
8 | | overriding the authority and duties of the Procurement Policy |
9 | | Board as provided under Section 5-5. The powers and duties of |
10 | | the Commission as provided under this Section shall be |
11 | | exercised alongside, but independent of, that of the |
12 | | Procurement Policy Board. |
13 | | (b) The Commission shall have the authority and |
14 | | responsibility to review, comment upon, and recommend, |
15 | | consistent with this Code, rules and practices governing the |
16 | | procurement, management, control, and disposal of supplies, |
17 | | services, professional or artistic services, construction, and |
18 | | real property and capital improvement leases procured by the |
19 | | State. The Commission shall also have the authority to |
20 | | recommend a program for professional development and provide |
21 | | opportunities for training in procurement practices and |
22 | | policies to chief procurement officers and their staffs in |
23 | | order to ensure that all procurement is conducted in an |
24 | | efficient, professional, and appropriately transparent manner. |
25 | | (c) Upon a majority vote of its members, the Commission may |
26 | | review a contract. Upon a three-fifths vote of its members, the |
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1 | | Commission may propose procurement rules for consideration by |
2 | | chief procurement officers. These proposals shall be published |
3 | | in each volume of the Procurement Bulletin. Except as otherwise |
4 | | provided by law, the Commission shall act upon the vote of a |
5 | | majority of its members who have been appointed and are |
6 | | serving. |
7 | | (d) The Commission may review, study, and hold public |
8 | | hearings concerning the implementation and administration of |
9 | | this Code. Each chief procurement officer, State purchasing |
10 | | officer, procurement compliance monitor, and State agency |
11 | | shall cooperate with the Commission, provide information to the |
12 | | Commission, and be responsive to the Commission in the |
13 | | Commission's conduct of its reviews, studies, and hearings. |
14 | | (e) Upon a three-fifths vote of its members, the Commission |
15 | | shall review a proposal, bid, or contract and issue a |
16 | | recommendation to void a contract or reject a proposal or bid |
17 | | based on any conflict of interest or violation of this Code. A |
18 | | recommendation of the Commission shall be delivered to the |
19 | | appropriate chief procurement officer and Executive Ethics |
20 | | Commission within 7 calendar days and must be published in the |
21 | | next volume of the Procurement Bulletin. The bidder, offeror, |
22 | | potential contractor, contractor, or subcontractor shall have |
23 | | 15 calendar days to provide a written response to the notice, |
24 | | and a hearing before the Commission on the alleged conflict of |
25 | | interest or violation shall be held upon request by the bidder, |
26 | | offeror, potential contractor, contractor, or subcontractor. |
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1 | | The requested hearing date and time shall be determined by the |
2 | | Commission, but in no event shall the hearing occur later than |
3 | | 15 calendar days after the date of the request. |
4 | | (30 ILCS 500/5-30) |
5 | | Sec. 5-30. Proposed contracts; Procurement Policy Board ; |
6 | | Commission on Equity and Inclusion . |
7 | | (a) Except as provided in subsection (c), within 14 |
8 | | calendar days after notice of the awarding or letting of a |
9 | | contract has appeared in the Procurement Bulletin in accordance |
10 | | with subsection (b) of Section 15-25, the Board or the |
11 | | Commission on Equity and Inclusion may request in writing from |
12 | | the contracting agency and the contracting agency shall |
13 | | promptly, but in no event later than 7 calendar days after |
14 | | receipt of the request, provide to the requesting entity Board , |
15 | | by electronic or other means satisfactory to the requesting |
16 | | entity Board , documentation in the possession of the |
17 | | contracting agency concerning the proposed contract. Nothing |
18 | | in this subsection is intended to waive or abrogate any |
19 | | privilege or right of confidentiality authorized by law. |
20 | | (b) No contract subject to this Section may be entered into |
21 | | until the 14-day period described in subsection (a) has |
22 | | expired, unless the contracting agency requests in writing that |
23 | | the Board and the Commission on Equity and Inclusion waive the |
24 | | period and the Board and the Commission on Equity and Inclusion |
25 | | grant grants the waiver in writing.
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1 | | (c) This Section does not apply to (i) contracts entered |
2 | | into under this Code for small and emergency procurements as |
3 | | those procurements are defined in Article 20 and (ii) contracts |
4 | | for professional and artistic services that are nonrenewable, |
5 | | one year or less in duration, and have a value of less than |
6 | | $20,000. If requested in writing by the Board or the Commission |
7 | | on Equity and Inclusion , however, the contracting agency must |
8 | | promptly, but in no event later than 10 calendar days after |
9 | | receipt of the request, transmit to the Board or the Commission |
10 | | on Equity and Inclusion a copy of the contract for an emergency |
11 | | procurement and documentation in the possession of the |
12 | | contracting agency concerning the contract.
|
13 | | (Source: P.A. 100-43, eff. 8-9-17.) |
14 | | (30 ILCS 500/10-20) |
15 | | Sec. 10-20. Independent chief procurement officers. |
16 | | (a) Appointment. Beginning with appointments made on or |
17 | | after the effective date of this amendatory Act of the 101st |
18 | | General Assembly Within 60 calendar days after the effective |
19 | | date of this amendatory Act of the 96th General Assembly , the |
20 | | Executive Ethics Commission with the majority vote approval of |
21 | | the Commission on Equity and Inclusion , and with the advice and |
22 | | consent of the Senate , shall appoint or approve 4 chief |
23 | | procurement officers, one for each of the following categories: |
24 | | (1) for procurements for construction and |
25 | | construction-related services committed by law to the |
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1 | | jurisdiction or responsibility of the Capital Development |
2 | | Board; |
3 | | (2) for procurements for all construction, |
4 | | construction-related services, operation of any facility, |
5 | | and the provision of any service or activity committed by |
6 | | law to the jurisdiction or responsibility of the Illinois |
7 | | Department of Transportation, including the direct or |
8 | | reimbursable expenditure of all federal funds for which the |
9 | | Department of Transportation is responsible or accountable |
10 | | for the use thereof in accordance with federal law, |
11 | | regulation, or procedure, the chief procurement officer |
12 | | recommended for approval under this item appointed by the |
13 | | Secretary of Transportation after consent by the Executive |
14 | | Ethics Commission and the Commission on Equity and |
15 | | Inclusion ; |
16 | | (3) for all procurements made by a public institution |
17 | | of higher education; and |
18 | | (4) for all other procurement needs of State agencies. |
19 | | A chief procurement officer shall be responsible to the |
20 | | Executive Ethics Commission and the Commission on Equity and |
21 | | Inclusion but must be located within the agency that the |
22 | | officer provides with procurement services. The chief |
23 | | procurement officer for higher education shall have an office |
24 | | located within the Board of Higher Education, unless otherwise |
25 | | designated by the Executive Ethics Commission and the |
26 | | Commission on Equity and Inclusion . The chief procurement |
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1 | | officer for all other procurement needs of the State shall have |
2 | | an office located within the Department of Central Management |
3 | | Services, unless otherwise designated by the Executive Ethics |
4 | | Commission and the Commission on Equity and Inclusion . |
5 | | (b) Terms and independence. Each chief procurement officer |
6 | | appointed under this Section shall serve for a term of 5 years |
7 | | beginning on the date of the officer's appointment. The chief |
8 | | procurement officer may be removed for cause after a hearing by |
9 | | the Executive Ethics Commission and the Commission on Equity |
10 | | and Inclusion . The Governor or the director of a State agency |
11 | | directly responsible to the Governor may institute a complaint |
12 | | against the officer by filing such complaint with the |
13 | | Commission. The Commission shall have a hearing based on the |
14 | | complaint. The officer and the complainant shall receive |
15 | | reasonable notice of the hearing and shall be permitted to |
16 | | present their respective arguments on the complaint. After the |
17 | | hearing, the Commission shall make a finding on the complaint |
18 | | and may take disciplinary action, including but not limited to |
19 | | removal of the officer. |
20 | | The salary of a chief procurement officer shall be |
21 | | established by the Executive Ethics Commission and the |
22 | | Commission on Equity and Inclusion and may not be diminished |
23 | | during the officer's term. The salary may not exceed the salary |
24 | | of the director of a State agency for which the officer serves |
25 | | as chief procurement officer. |
26 | | (c) Qualifications. In addition to any other requirement or |
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1 | | qualification required by State law, each chief procurement |
2 | | officer must within 12 months of employment be a Certified |
3 | | Professional Public Buyer or a Certified Public Purchasing |
4 | | Officer, pursuant to certification by the Universal Public |
5 | | Purchasing Certification Council, and must reside in Illinois. |
6 | | (d) Fiduciary duty. Each chief procurement officer owes a |
7 | | fiduciary duty to the State. |
8 | | (e) Vacancy. In case of a vacancy in one or more of the |
9 | | offices of a chief procurement officer under this Section |
10 | | during the recess of the Senate, the Executive Ethics |
11 | | Commission , with the approval of the Commission on Equity and |
12 | | Inclusion, shall make a temporary appointment until the next |
13 | | meeting of the Senate, when the Executive Ethics Commission , |
14 | | with the approval of the Commission on Equity and Inclusion, |
15 | | shall nominate some person to fill the office, and any person |
16 | | so nominated who is confirmed by the Senate shall hold office |
17 | | during the remainder of the term and until his or her successor |
18 | | is appointed and qualified. If the Senate is not in session at |
19 | | the time this amendatory Act of the 96th General Assembly takes |
20 | | effect, the Executive Ethics Commission shall make a temporary |
21 | | appointment as in the case of a vacancy. |
22 | | (f) (Blank). |
23 | | (g) (Blank). |
24 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
|
25 | | (30 ILCS 500/20-10)
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1 | | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, |
2 | | 98-1076, 99-906, 100-43, and 101-31) |
3 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
|
4 | | (a) Conditions for use. All contracts shall be awarded by
|
5 | | competitive sealed bidding
except as otherwise provided in |
6 | | Section 20-5.
|
7 | | (b) Invitation for bids. An invitation for bids shall be
|
8 | | issued and shall include a
purchase description and the |
9 | | material contractual terms and
conditions applicable to the
|
10 | | procurement.
|
11 | | (c) Public notice. Public notice of the invitation for bids |
12 | | shall be
published in the Illinois Procurement Bulletin at |
13 | | least 14 calendar days before the date
set in the invitation |
14 | | for the opening of bids.
|
15 | | (d) Bid opening. Bids shall be opened publicly or through |
16 | | an electronic procurement system in the
presence of one or more |
17 | | witnesses
at the time and place designated in the invitation |
18 | | for bids. The
name of each bidder, including earned and applied |
19 | | bid credit from the Illinois Works Jobs Program Act, the amount
|
20 | | of each bid, and other relevant information as may be specified |
21 | | by
rule shall be
recorded. After the award of the contract, the |
22 | | winning bid and the
record of each unsuccessful bid shall be |
23 | | open to
public inspection.
|
24 | | (e) Bid acceptance and bid evaluation. Bids shall be
|
25 | | unconditionally accepted without
alteration or correction, |
26 | | except as authorized in this Code. Bids
shall be evaluated |
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1 | | based on the
requirements set forth in the invitation for bids, |
2 | | which may
include criteria to determine
acceptability such as |
3 | | inspection, testing, quality, workmanship,
delivery, and |
4 | | suitability for a
particular purpose. Those criteria that will |
5 | | affect the bid price and be considered in evaluation
for award, |
6 | | such as discounts, transportation costs, and total or
life |
7 | | cycle costs, shall be
objectively measurable. The invitation |
8 | | for bids shall set forth
the evaluation criteria to be used.
|
9 | | (f) Correction or withdrawal of bids. Correction or
|
10 | | withdrawal of inadvertently
erroneous bids before or after |
11 | | award, or cancellation of awards of
contracts based on bid
|
12 | | mistakes, shall be permitted in accordance with rules.
After |
13 | | bid opening, no
changes in bid prices or other provisions of |
14 | | bids prejudicial to
the interest of the State or fair
|
15 | | competition shall be permitted. All decisions to permit the
|
16 | | correction or withdrawal of bids
based on bid mistakes shall be |
17 | | supported by written determination
made by a State purchasing |
18 | | officer.
|
19 | | (g) Award. The contract shall be awarded with reasonable
|
20 | | promptness by written notice
to the lowest responsible and |
21 | | responsive bidder whose bid meets
the requirements and criteria
|
22 | | set forth in the invitation for bids, except when a State |
23 | | purchasing officer
determines it is not in the best interest of |
24 | | the State and by written
explanation determines another bidder |
25 | | shall receive the award. The explanation
shall appear in the |
26 | | appropriate volume of the Illinois Procurement Bulletin. The |
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1 | | written explanation must include:
|
2 | | (1) a description of the agency's needs; |
3 | | (2) a determination that the anticipated cost will be |
4 | | fair and reasonable; |
5 | | (3) a listing of all responsible and responsive |
6 | | bidders; and |
7 | | (4) the name of the bidder selected, the total contract |
8 | | price, and the reasons for selecting that bidder. |
9 | | Each chief procurement officer may adopt guidelines to |
10 | | implement the requirements of this subsection (g). |
11 | | The written explanation shall be filed with the Legislative |
12 | | Audit Commission , and the Commission on Equity and Inclusion, |
13 | | and the Procurement Policy Board, and be made available for |
14 | | inspection by the public, within 30 calendar days after the |
15 | | agency's decision to award the contract. |
16 | | (h) Multi-step sealed bidding. When it is considered
|
17 | | impracticable to initially prepare
a purchase description to |
18 | | support an award based on price, an
invitation for bids may be |
19 | | issued
requesting the submission of unpriced offers to be |
20 | | followed by an
invitation for bids limited to
those bidders |
21 | | whose offers have been qualified under the criteria
set forth |
22 | | in the first solicitation.
|
23 | | (i) Alternative procedures. Notwithstanding any other |
24 | | provision of this Act to the contrary, the Director of the |
25 | | Illinois Power Agency may create alternative bidding |
26 | | procedures to be used in procuring professional services under |
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1 | | Section 1-56, subsections (a) and (c) of Section 1-75 and |
2 | | subsection (d) of Section 1-78 of the Illinois Power Agency Act |
3 | | and Section 16-111.5(c) of the Public Utilities Act and to |
4 | | procure renewable energy resources under Section 1-56 of the |
5 | | Illinois Power Agency Act. These alternative procedures shall |
6 | | be set forth together with the other criteria contained in the |
7 | | invitation for bids, and shall appear in the appropriate volume |
8 | | of the Illinois Procurement Bulletin.
|
9 | | (j) Reverse auction. Notwithstanding any other provision |
10 | | of this Section and in accordance with rules adopted by the |
11 | | chief procurement officer, that chief procurement officer may |
12 | | procure supplies or services through a competitive electronic |
13 | | auction bidding process after the chief procurement officer |
14 | | determines that the use of such a process will be in the best |
15 | | interest of the State. The chief procurement officer shall |
16 | | publish that determination in his or her next volume of the |
17 | | Illinois Procurement Bulletin. |
18 | | An invitation for bids shall be issued and shall include |
19 | | (i) a procurement description, (ii) all contractual terms, |
20 | | whenever practical, and (iii) conditions applicable to the |
21 | | procurement, including a notice that bids will be received in |
22 | | an electronic auction manner. |
23 | | Public notice of the invitation for bids shall be given in |
24 | | the same manner as provided in subsection (c). |
25 | | Bids shall be accepted electronically at the time and in |
26 | | the manner designated in the invitation for bids. During the |
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1 | | auction, a bidder's price shall be disclosed to other bidders. |
2 | | Bidders shall have the opportunity to reduce their bid prices |
3 | | during the auction. At the conclusion of the auction, the |
4 | | record of the bid prices received and the name of each bidder |
5 | | shall be open to public inspection. |
6 | | After the auction period has terminated, withdrawal of bids |
7 | | shall be permitted as provided in subsection (f). |
8 | | The contract shall be awarded within 60 calendar days after |
9 | | the auction by written notice to the lowest responsible bidder, |
10 | | or all bids shall be rejected except as otherwise provided in |
11 | | this Code. Extensions of the date for the award may be made by |
12 | | mutual written consent of the State purchasing officer and the |
13 | | lowest responsible bidder. |
14 | | This subsection does not apply to (i) procurements of |
15 | | professional and artistic services, (ii) telecommunications |
16 | | services, communication services, and information services, |
17 | | and (iii) contracts for construction projects, including |
18 | | design professional services. |
19 | | (Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19.)
|
20 | | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, |
21 | | 98-1076, 99-906, 100-43, and 101-31)
|
22 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
|
23 | | (a) Conditions for use. All contracts shall be awarded by
|
24 | | competitive sealed bidding
except as otherwise provided in |
25 | | Section 20-5.
|
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1 | | (b) Invitation for bids. An invitation for bids shall be
|
2 | | issued and shall include a
purchase description and the |
3 | | material contractual terms and
conditions applicable to the
|
4 | | procurement.
|
5 | | (c) Public notice. Public notice of the invitation for bids |
6 | | shall be
published in the Illinois Procurement Bulletin at |
7 | | least 14 calendar days before the date
set in the invitation |
8 | | for the opening of bids.
|
9 | | (d) Bid opening. Bids shall be opened publicly or through |
10 | | an electronic procurement system in the
presence of one or more |
11 | | witnesses
at the time and place designated in the invitation |
12 | | for bids. The
name of each bidder, including earned and applied |
13 | | bid credit from the Illinois Works Jobs Program Act, the amount
|
14 | | of each bid, and other relevant information as may be specified |
15 | | by
rule shall be
recorded. After the award of the contract, the |
16 | | winning bid and the
record of each unsuccessful bid shall be |
17 | | open to
public inspection.
|
18 | | (e) Bid acceptance and bid evaluation. Bids shall be
|
19 | | unconditionally accepted without
alteration or correction, |
20 | | except as authorized in this Code. Bids
shall be evaluated |
21 | | based on the
requirements set forth in the invitation for bids, |
22 | | which may
include criteria to determine
acceptability such as |
23 | | inspection, testing, quality, workmanship,
delivery, and |
24 | | suitability for a
particular purpose. Those criteria that will |
25 | | affect the bid price and be considered in evaluation
for award, |
26 | | such as discounts, transportation costs, and total or
life |
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1 | | cycle costs, shall be
objectively measurable. The invitation |
2 | | for bids shall set forth
the evaluation criteria to be used.
|
3 | | (f) Correction or withdrawal of bids. Correction or
|
4 | | withdrawal of inadvertently
erroneous bids before or after |
5 | | award, or cancellation of awards of
contracts based on bid
|
6 | | mistakes, shall be permitted in accordance with rules.
After |
7 | | bid opening, no
changes in bid prices or other provisions of |
8 | | bids prejudicial to
the interest of the State or fair
|
9 | | competition shall be permitted. All decisions to permit the
|
10 | | correction or withdrawal of bids
based on bid mistakes shall be |
11 | | supported by written determination
made by a State purchasing |
12 | | officer.
|
13 | | (g) Award. The contract shall be awarded with reasonable
|
14 | | promptness by written notice
to the lowest responsible and |
15 | | responsive bidder whose bid meets
the requirements and criteria
|
16 | | set forth in the invitation for bids, except when a State |
17 | | purchasing officer
determines it is not in the best interest of |
18 | | the State and by written
explanation determines another bidder |
19 | | shall receive the award. The explanation
shall appear in the |
20 | | appropriate volume of the Illinois Procurement Bulletin. The |
21 | | written explanation must include:
|
22 | | (1) a description of the agency's needs; |
23 | | (2) a determination that the anticipated cost will be |
24 | | fair and reasonable; |
25 | | (3) a listing of all responsible and responsive |
26 | | bidders; and |
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1 | | (4) the name of the bidder selected, the total contract |
2 | | price, and the reasons for selecting that bidder. |
3 | | Each chief procurement officer may adopt guidelines to |
4 | | implement the requirements of this subsection (g). |
5 | | The written explanation shall be filed with the Legislative |
6 | | Audit Commission , and the Commission on Equity and Inclusion, |
7 | | and the Procurement Policy Board, and be made available for |
8 | | inspection by the public, within 30 days after the agency's |
9 | | decision to award the contract. |
10 | | (h) Multi-step sealed bidding. When it is considered
|
11 | | impracticable to initially prepare
a purchase description to |
12 | | support an award based on price, an
invitation for bids may be |
13 | | issued
requesting the submission of unpriced offers to be |
14 | | followed by an
invitation for bids limited to
those bidders |
15 | | whose offers have been qualified under the criteria
set forth |
16 | | in the first solicitation.
|
17 | | (i) Alternative procedures. Notwithstanding any other |
18 | | provision of this Act to the contrary, the Director of the |
19 | | Illinois Power Agency may create alternative bidding |
20 | | procedures to be used in procuring professional services under |
21 | | subsections (a) and (c) of Section 1-75 and subsection (d) of |
22 | | Section 1-78 of the Illinois Power Agency Act and Section |
23 | | 16-111.5(c) of the Public Utilities Act and to procure |
24 | | renewable energy resources under Section 1-56 of the Illinois |
25 | | Power Agency Act. These alternative procedures shall be set |
26 | | forth together with the other criteria contained in the |
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1 | | invitation for bids, and shall appear in the appropriate volume |
2 | | of the Illinois Procurement Bulletin.
|
3 | | (j) Reverse auction. Notwithstanding any other provision |
4 | | of this Section and in accordance with rules adopted by the |
5 | | chief procurement officer, that chief procurement officer may |
6 | | procure supplies or services through a competitive electronic |
7 | | auction bidding process after the chief procurement officer |
8 | | determines that the use of such a process will be in the best |
9 | | interest of the State. The chief procurement officer shall |
10 | | publish that determination in his or her next volume of the |
11 | | Illinois Procurement Bulletin. |
12 | | An invitation for bids shall be issued and shall include |
13 | | (i) a procurement description, (ii) all contractual terms, |
14 | | whenever practical, and (iii) conditions applicable to the |
15 | | procurement, including a notice that bids will be received in |
16 | | an electronic auction manner. |
17 | | Public notice of the invitation for bids shall be given in |
18 | | the same manner as provided in subsection (c). |
19 | | Bids shall be accepted electronically at the time and in |
20 | | the manner designated in the invitation for bids. During the |
21 | | auction, a bidder's price shall be disclosed to other bidders. |
22 | | Bidders shall have the opportunity to reduce their bid prices |
23 | | during the auction. At the conclusion of the auction, the |
24 | | record of the bid prices received and the name of each bidder |
25 | | shall be open to public inspection. |
26 | | After the auction period has terminated, withdrawal of bids |
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1 | | shall be permitted as provided in subsection (f). |
2 | | The contract shall be awarded within 60 calendar days after |
3 | | the auction by written notice to the lowest responsible bidder, |
4 | | or all bids shall be rejected except as otherwise provided in |
5 | | this Code. Extensions of the date for the award may be made by |
6 | | mutual written consent of the State purchasing officer and the |
7 | | lowest responsible bidder. |
8 | | This subsection does not apply to (i) procurements of |
9 | | professional and artistic services, (ii) telecommunications |
10 | | services, communication services, and information services,
|
11 | | and (iii) contracts for construction projects, including |
12 | | design professional services. |
13 | | (Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19.)
|
14 | | (30 ILCS 500/20-25)
|
15 | | Sec. 20-25. Sole source procurements. |
16 | | (a) In accordance with
standards set by rule,
contracts may |
17 | | be awarded without use of the specified
method of source |
18 | | selection when
there is only one economically feasible source |
19 | | for the item. A State contract may be awarded as a sole source |
20 | | contract unless an interested party submits a written request |
21 | | for a public hearing at which the chief procurement officer and |
22 | | purchasing agency present written justification for the |
23 | | procurement method. Any interested party may present |
24 | | testimony. A sole source contract where a hearing was requested |
25 | | by an interested party may be awarded after the hearing is |
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1 | | conducted with the approval of the chief procurement officer. |
2 | | (b) This Section may not be used as a basis for amending a |
3 | | contract for professional or artistic services if the amendment |
4 | | would result in an increase in the amount paid under the |
5 | | contract of more than 5% of the initial award, or would extend |
6 | | the contract term beyond the time reasonably needed for a |
7 | | competitive procurement, not to exceed 2 months. |
8 | | (c) Notice of intent to enter into a sole source contract |
9 | | shall be provided to the Procurement Policy Board and the |
10 | | Commission on Equity and Inclusion, and published in the online |
11 | | electronic Bulletin at least 14 calendar days before the public |
12 | | hearing required in subsection (a). The notice shall include |
13 | | the sole source procurement justification form prescribed by |
14 | | the Board, a description of the item to be procured, the |
15 | | intended sole source contractor, and the date, time, and |
16 | | location of the public hearing. A copy of the notice and all |
17 | | documents provided at the hearing shall be included in the |
18 | | subsequent Procurement Bulletin.
|
19 | | (d) By August 1 each year, each chief procurement officer |
20 | | shall file a report with the General Assembly identifying each |
21 | | contract the officer sought under the sole source procurement |
22 | | method and providing the justification given for seeking sole |
23 | | source as the procurement method for each of those contracts. |
24 | | (Source: P.A. 100-43, eff. 8-9-17.)
|
25 | | (30 ILCS 500/20-30)
|
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1 | | Sec. 20-30. Emergency purchases.
|
2 | | (a) Conditions for use. In accordance with standards set by
|
3 | | rule, a purchasing
agency may make emergency procurements |
4 | | without competitive sealed
bidding or prior notice
when there |
5 | | exists a threat to public health or public safety, or
when |
6 | | immediate expenditure is
necessary for repairs to State |
7 | | property in order to protect
against further loss of or damage |
8 | | to
State property, to prevent or minimize serious disruption in |
9 | | critical State
services that affect health, safety, or |
10 | | collection of substantial State revenues, or to ensure the
|
11 | | integrity of State records; provided, however, that the term of |
12 | | the emergency purchase shall be limited to the time reasonably |
13 | | needed for a competitive procurement, not to exceed 90 calendar |
14 | | days. A contract may be extended beyond 90 calendar days if the |
15 | | chief procurement officer determines additional time is |
16 | | necessary and that the contract scope and duration are limited |
17 | | to the emergency. Prior to execution of the extension, the |
18 | | chief procurement officer must hold a public hearing and |
19 | | provide written justification for all emergency contracts. |
20 | | Members of the public may present testimony. Emergency |
21 | | procurements shall be made
with as much competition
as is |
22 | | practicable under the circumstances , and shall include best |
23 | | efforts to include contractors certified under the Business |
24 | | Enterprise Program .
A written
description of the basis for the |
25 | | emergency and reasons for the
selection of the particular
|
26 | | contractor shall be included in the contract file.
|
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1 | | (b) Notice. Notice of all emergency procurements shall be |
2 | | provided to the Procurement Policy Board and the Commission on |
3 | | Equity and Inclusion, and published in the online electronic |
4 | | Bulletin no later than 5 calendar days after the contract is |
5 | | awarded. Notice of intent to extend an emergency contract shall |
6 | | be provided to the Procurement Policy Board and the Commission |
7 | | on Equity and Inclusion, and published in the online electronic |
8 | | Bulletin at least 14 calendar days before the public hearing. |
9 | | Notice shall include at least a description of the need for the |
10 | | emergency purchase, the contractor, and if applicable, the |
11 | | date, time, and location of the public hearing. A copy of this |
12 | | notice and all documents provided at the hearing shall be |
13 | | included in the subsequent Procurement Bulletin. Before the |
14 | | next appropriate volume of the Illinois Procurement
Bulletin, |
15 | | the purchasing agency shall publish in the
Illinois Procurement |
16 | | Bulletin a copy of each written description
and reasons and the |
17 | | total cost
of each emergency procurement made during the |
18 | | previous month.
When only an estimate of the
total cost is |
19 | | known at the time of publication, the estimate shall
be |
20 | | identified as an estimate and
published. When the actual total |
21 | | cost is determined, it shall
also be published in like manner
|
22 | | before the 10th day of the next succeeding month.
|
23 | | (c) Statements. A chief procurement officer making a |
24 | | procurement
under this Section shall file statements
with the |
25 | | Procurement Policy Board , the Commission on Equity and |
26 | | Inclusion, and the Auditor General within
10 calendar days
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1 | | after the procurement setting
forth the amount expended, the |
2 | | name of the contractor involved,
and the conditions and
|
3 | | circumstances requiring the emergency procurement. When only |
4 | | an
estimate of the cost is
available within 10 calendar days |
5 | | after the procurement, the actual cost
shall be reported |
6 | | immediately
after it is determined. At the end of each fiscal |
7 | | quarter, the
Auditor General shall file with the
Legislative |
8 | | Audit Commission and the Governor a complete listing
of all |
9 | | emergency
procurements reported during that fiscal quarter. |
10 | | The Legislative
Audit Commission shall
review the emergency |
11 | | procurements so reported and, in its annual
reports, advise the |
12 | | General
Assembly of procurements that appear to constitute an |
13 | | abuse of
this Section.
|
14 | | (d) Quick purchases. The chief procurement officer may |
15 | | promulgate rules
extending the circumstances by which a |
16 | | purchasing agency may make purchases
under this Section, |
17 | | including but not limited to the procurement of items
available |
18 | | at a discount for a limited period of time. The chief |
19 | | procurement officer shall adopt rules regarding good faith and |
20 | | best efforts from contractors and companies certified under the |
21 | | Business Enterprise Program.
|
22 | | (e) The changes to this Section made by this amendatory Act |
23 | | of the 96th General Assembly apply to procurements executed on |
24 | | or after its effective date.
|
25 | | (Source: P.A. 100-43, eff. 8-9-17.)
|
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1 | | (30 ILCS 500/20-60) |
2 | | Sec. 20-60. Duration of contracts. |
3 | | (a) Maximum duration. A contract may be entered into for
|
4 | | any period of time deemed
to be in the best interests of the |
5 | | State but not
exceeding 10 years inclusive, beginning January |
6 | | 1, 2010, of proposed contract renewals. Third parties may lease |
7 | | State-owned dark fiber networks for any period of time deemed |
8 | | to be in the best interest of the State, but not exceeding 20 |
9 | | years. The length of
a lease for real property or capital |
10 | | improvements shall be in
accordance with the provisions of
|
11 | | Section 40-25. The length of energy conservation program |
12 | | contracts or energy savings contracts or leases shall be in |
13 | | accordance with the provisions of Section 25-45. A contract for |
14 | | bond or mortgage insurance awarded by the Illinois Housing |
15 | | Development Authority, however, may be entered into for any |
16 | | period of time less than or equal to the maximum period of time |
17 | | that the subject bond or mortgage may remain outstanding.
|
18 | | (b) Subject to appropriation. All contracts made or entered
|
19 | | into shall recite that they are
subject to termination and |
20 | | cancellation in any year for which the
General Assembly fails |
21 | | to make
an appropriation to make payments under the terms of |
22 | | the contract. |
23 | | (c) The chief procurement officer shall file a proposed |
24 | | extension or renewal of a contract with the Procurement Policy |
25 | | Board and the Commission on Equity and Inclusion prior to |
26 | | entering into any extension or renewal if the cost associated |
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1 | | with the extension or renewal exceeds $249,999. The Procurement |
2 | | Policy Board or the Commission on Equity and Inclusion may |
3 | | object to the proposed extension or renewal within 30 calendar |
4 | | days and require a hearing before the Board or the Commission |
5 | | on Equity and Inclusion prior to entering into the extension or |
6 | | renewal. If the Procurement Policy Board or the Commission on |
7 | | Equity and Inclusion does not object within 30 calendar days or |
8 | | takes affirmative action to recommend the extension or renewal, |
9 | | the chief procurement officer may enter into the extension or |
10 | | renewal of a contract. This subsection does not apply to any |
11 | | emergency procurement, any procurement under Article 40, or any |
12 | | procurement exempted by Section 1-10(b) of this Code. If any |
13 | | State agency contract is paid for in whole or in part with |
14 | | federal-aid funds, grants, or loans and the provisions of this |
15 | | subsection would result in the loss of those federal-aid funds, |
16 | | grants, or loans, then the contract is exempt from the |
17 | | provisions of this subsection in order to remain eligible for |
18 | | those federal-aid funds, grants, or loans, and the State agency |
19 | | shall file notice of this exemption with the Procurement Policy |
20 | | Board or the Commission on Equity and Inclusion prior to |
21 | | entering into the proposed extension or renewal. Nothing in |
22 | | this subsection permits a chief procurement officer to enter |
23 | | into an extension or renewal in violation of subsection (a). By |
24 | | August 1 each year, the Procurement Policy Board and the |
25 | | Commission on Equity and Inclusion shall each shall file a |
26 | | report with the General Assembly identifying for the previous |
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1 | | fiscal year (i) the proposed extensions or renewals that were |
2 | | filed and whether such extensions and renewals were objected to |
3 | | with the Board and whether the Board objected and (ii) the |
4 | | contracts exempt from this subsection. |
5 | | (d) Notwithstanding the provisions of subsection (a) of |
6 | | this Section, the Department of Innovation and Technology may |
7 | | enter into leases for dark fiber networks for any period of |
8 | | time deemed to be in the best interests of the State but not |
9 | | exceeding 20 years inclusive. The Department of Innovation and |
10 | | Technology may lease dark fiber networks from third parties |
11 | | only for the primary purpose of providing services (i) to the |
12 | | offices of Governor, Lieutenant Governor, Attorney General, |
13 | | Secretary of State, Comptroller, or Treasurer and State |
14 | | agencies, as defined under Section 5-15 of the Civil |
15 | | Administrative Code of Illinois or (ii) for anchor |
16 | | institutions, as defined in Section 7 of the Illinois Century |
17 | | Network Act. Dark fiber network lease contracts shall be |
18 | | subject to all other provisions of this Code and any applicable |
19 | | rules or requirements, including, but not limited to, |
20 | | publication of lease solicitations, use of standard State |
21 | | contracting terms and conditions, and approval of vendor |
22 | | certifications and financial disclosures. |
23 | | (e) As used in this Section, "dark fiber network" means a |
24 | | network of fiber optic cables laid but currently unused by a |
25 | | third party that the third party is leasing for use as network |
26 | | infrastructure. |
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1 | | (Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18; |
2 | | 101-81, eff. 7-12-19.) |
3 | | (30 ILCS 500/35-15) |
4 | | Sec. 35-15. Prequalification. |
5 | | (a) The chief procurement officer for matters other than |
6 | | construction and the higher education
chief procurement |
7 | | officer shall each develop appropriate
and reasonable |
8 | | prequalification standards and categories of professional and
|
9 | | artistic services. |
10 | | (b) The prequalifications and categorizations shall be |
11 | | submitted to the
Procurement Policy Board and the Commission on |
12 | | Equity and Inclusion, and published for public comment prior to |
13 | | their
submission to the Joint Committee on Administrative Rules |
14 | | for approval. |
15 | | (c) The chief procurement officer for matters other than |
16 | | construction and the higher education
chief procurement |
17 | | officer shall each also assemble and
maintain a comprehensive |
18 | | list of prequalified and categorized businesses and
persons. |
19 | | (d) Prequalification shall not be used to bar or prevent |
20 | | any qualified
business or person from bidding or responding to |
21 | | invitations for bid or requests for
proposal. |
22 | | (Source: P.A. 100-43, eff. 8-9-17.) |
23 | | (30 ILCS 500/35-30) |
24 | | Sec. 35-30. Awards. |
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1 | | (a) All State contracts for professional and artistic |
2 | | services, except as
provided in this Section, shall be awarded |
3 | | using the
competitive request for proposal process outlined in |
4 | | this Section. |
5 | | (b) For each contract offered, the chief procurement |
6 | | officer, State
purchasing officer, or his or her designee shall |
7 | | use the appropriate standard
solicitation
forms
available from |
8 | | the chief procurement officer for matters other than |
9 | | construction or the higher
education chief procurement |
10 | | officer. |
11 | | (c) Prepared forms shall be submitted to the chief |
12 | | procurement officer for matters other than construction or the |
13 | | higher education chief procurement officer,
whichever is |
14 | | appropriate, for
publication in its Illinois Procurement |
15 | | Bulletin and circulation to the chief procurement officer for |
16 | | matters other than construction
or the higher education chief |
17 | | procurement officer's list of
prequalified vendors. Notice of |
18 | | the offer or request for
proposal shall appear at least 14 |
19 | | calendar days before the response to the offer is due. |
20 | | (d) All interested respondents shall return their |
21 | | responses to the chief procurement officer for matters other |
22 | | than construction
or the higher education chief procurement |
23 | | officer,
whichever is appropriate, which shall open
and record |
24 | | them. The chief procurement officer for matters other than |
25 | | construction or higher education chief procurement officer
|
26 | | then shall forward the responses, together
with any
information |
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1 | | it has available about the qualifications and other State work
|
2 | | of the respondents. |
3 | | (e) After evaluation, ranking, and selection, the |
4 | | responsible chief
procurement officer, State purchasing |
5 | | officer, or
his or her designee shall notify the chief |
6 | | procurement officer for matters other than construction
or the |
7 | | higher education chief procurement officer, whichever is |
8 | | appropriate,
of the successful respondent and shall forward
a |
9 | | copy of the signed contract for the chief procurement officer |
10 | | for matters other than construction or higher education chief
|
11 | | procurement officer's file. The chief procurement officer for |
12 | | matters other than construction or higher education chief
|
13 | | procurement officer shall
publish the names of the
responsible |
14 | | procurement decision-maker,
the agency letting the contract, |
15 | | the
successful respondent, a contract reference, and value of |
16 | | the let contract
in the next appropriate volume of the Illinois |
17 | | Procurement Bulletin. |
18 | | (f) For all professional and artistic contracts with |
19 | | annualized value
that exceeds $100,000, evaluation and ranking |
20 | | by price are required. Any chief
procurement officer or State |
21 | | purchasing officer,
but not their designees, may select a |
22 | | respondent other than the lowest respondent by
price. In any |
23 | | case, when the contract exceeds the $100,000 threshold and
the |
24 | | lowest respondent is not selected, the chief procurement |
25 | | officer or the State
purchasing officer shall forward together
|
26 | | with the contract notice of who the low respondent by price was |
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1 | | and a written decision as
to why another was selected to the |
2 | | chief procurement officer for matters other than construction |
3 | | or
the higher education chief procurement officer, whichever is |
4 | | appropriate.
The chief procurement officer for matters other |
5 | | than construction or higher education chief procurement |
6 | | officer shall publish as
provided in subsection (e) of Section |
7 | | 35-30,
but
shall include notice of the chief procurement |
8 | | officer's or State purchasing
officer's written decision. |
9 | | (g) The chief procurement officer for matters other than |
10 | | construction and higher education chief
procurement officer |
11 | | may each refine, but not
contradict, this Section by |
12 | | promulgating rules
for submission to the Procurement Policy |
13 | | Board and the Commission on Equity and Inclusion, and then to |
14 | | the Joint Committee
on Administrative Rules. Any
refinement |
15 | | shall be based on the principles and procedures of the federal
|
16 | | Architect-Engineer Selection Law, Public Law 92-582 Brooks |
17 | | Act, and the
Architectural, Engineering, and Land Surveying |
18 | | Qualifications Based Selection
Act; except that pricing shall |
19 | | be an integral part of the selection process. |
20 | | (Source: P.A. 100-43, eff. 8-9-17.)
|
21 | | (30 ILCS 500/40-20)
|
22 | | Sec. 40-20. Request for information.
|
23 | | (a) Conditions for use. Leases shall be procured by request
|
24 | | for information except as
otherwise provided in Section 40-15.
|
25 | | (b) Form. A request for information shall be issued and
|
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1 | | shall include:
|
2 | | (1) the type of property to be leased;
|
3 | | (2) the proposed uses of the property;
|
4 | | (3) the duration of the lease;
|
5 | | (4) the preferred location of the property; and
|
6 | | (5) a general description of the configuration |
7 | | desired.
|
8 | | (c) Public notice. Public notice of the request for
|
9 | | information for the availability of real
property to lease |
10 | | shall be published in the appropriate volume of the Illinois
|
11 | | Procurement Bulletin at least 14 calendar days before
the date |
12 | | set forth in the request for receipt of responses and
shall |
13 | | also be published in similar
manner in a newspaper of general |
14 | | circulation in the community or
communities where the using
|
15 | | agency is seeking space.
|
16 | | (d) Response. The request for information response shall
|
17 | | consist of written information
sufficient to show that the |
18 | | respondent can meet minimum criteria
set forth in the request. |
19 | | State
purchasing officers may enter into discussions with |
20 | | respondents
for the purpose of clarifying
State needs and the |
21 | | information supplied by the respondents. On
the basis of the |
22 | | information
supplied and discussions, if any, a State |
23 | | purchasing officer shall
make a written determination
|
24 | | identifying the responses that meet the minimum criteria set |
25 | | forth
in the request for information.
Negotiations shall be |
26 | | entered into with all qualified respondents
for the purpose of |
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1 | | securing a
lease that is in the best interest of the State. A |
2 | | written report
of the negotiations shall be
retained in the |
3 | | lease files and shall include the reasons for the
final |
4 | | selection. All leases shall
be reduced to writing; one copy |
5 | | shall be filed with the Comptroller in accordance with the |
6 | | provisions
of Section 20-80, and one copy each shall be filed |
7 | | with the Board and the Commission on Equity and Inclusion .
|
8 | | When the lowest response by price is not selected, the |
9 | | State purchasing
officer shall forward to the chief procurement |
10 | | officer, along with the lease,
notice of the identity of the |
11 | | lowest respondent by price and written reasons
for the |
12 | | selection of a different response. The chief procurement |
13 | | officer shall
publish the written reasons in the next volume of |
14 | | the Illinois Procurement
Bulletin. |
15 | | (e) Board and Commission on Equity and Inclusion review. |
16 | | Upon receipt of (1) any proposed lease of real property of |
17 | | 10,000 or more square feet or (2) any proposed lease of real |
18 | | property with annual rent payments of $100,000 or more, the |
19 | | Procurement Policy Board and the Commission on Equity and |
20 | | Inclusion shall have 30 calendar days to review the proposed |
21 | | lease. If neither the Board nor the Commission on Equity and |
22 | | Inclusion the Board does not object in writing within 30 |
23 | | calendar days, then the proposed lease shall become effective |
24 | | according to its terms as submitted. The leasing agency shall |
25 | | make any and all materials available to the Board and the |
26 | | Commission on Equity and Inclusion to assist in the review |
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1 | | process.
|
2 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
|
3 | | (30 ILCS 500/50-20)
|
4 | | Sec. 50-20. Exemptions. The appropriate chief
procurement |
5 | | officer may file a request with the Executive Ethics Commission |
6 | | to exempt named individuals from the
prohibitions of
Section |
7 | | 50-13 when, in his or her judgment, the public interest in
|
8 | | having
the
individual in the service of the State outweighs the |
9 | | public policy evidenced in
that Section. The Executive Ethics |
10 | | Commission may grant an exemption after a public hearing at |
11 | | which any person may present testimony. The chief procurement |
12 | | officer shall publish notice of the date, time, and location of |
13 | | the hearing in the online electronic Bulletin at least 14 |
14 | | calendar days prior to the hearing and provide notice to the |
15 | | individual subject to the waiver , and the Procurement Policy |
16 | | Board , and the Commission on Equity and Inclusion . The |
17 | | Executive Ethics Commission shall also provide public notice of |
18 | | the date, time, and location of the hearing on its website. If |
19 | | the Commission grants an exemption, the exemption is effective |
20 | | only if it is filed with the
Secretary of State and the |
21 | | Comptroller prior to the execution of any contract and includes |
22 | | a statement setting forth
the name of the individual and all |
23 | | the pertinent facts that would make that
Section applicable, |
24 | | setting forth the reason for the exemption, and declaring
the |
25 | | individual exempted from that Section.
Notice of each exemption |
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1 | | shall be published in the Illinois Procurement
Bulletin. A |
2 | | contract for which a waiver has been issued but has not been |
3 | | filed in accordance with this Section is voidable by the State. |
4 | | The changes to this Section made by this amendatory Act of the |
5 | | 96th General Assembly shall apply to exemptions granted on or |
6 | | after its effective date.
|
7 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
|
8 | | (30 ILCS 500/50-35) |
9 | | Sec. 50-35. Financial disclosure and potential conflicts |
10 | | of interest. |
11 | | (a) All bids and offers from responsive bidders, offerors, |
12 | | vendors, or contractors with an annual value of
more than |
13 | | $50,000, and all submissions to a vendor portal, shall be |
14 | | accompanied by disclosure of the financial
interests of the |
15 | | bidder, offeror, potential contractor, or contractor and each |
16 | | subcontractor to be used. In addition, all subcontracts |
17 | | identified as provided by Section 20-120 of this Code with an |
18 | | annual value of
more than $50,000 shall be accompanied by |
19 | | disclosure of the financial
interests of each subcontractor. |
20 | | The financial disclosure of
each successful bidder, offeror, |
21 | | potential contractor, or contractor and its subcontractors |
22 | | shall be incorporated as a material term of the contract and |
23 | | shall become
part of the publicly available contract or |
24 | | procurement file
maintained by the appropriate chief |
25 | | procurement officer. Each disclosure under this Section shall |
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1 | | be signed and made under penalty of perjury by an authorized |
2 | | officer or employee on behalf of the bidder, offeror, potential |
3 | | contractor, contractor, or subcontractor, and must be filed |
4 | | with the Procurement Policy Board and the Commission on Equity |
5 | | and Inclusion . |
6 | | (b) Disclosure shall include any
ownership or distributive |
7 | | income share that is in excess of 5%, or an amount
greater than |
8 | | 60% of the annual salary of the Governor, of the disclosing |
9 | | entity
or its parent entity, whichever is less, unless the |
10 | | bidder, offeror, potential contractor, contractor, or |
11 | | subcontractor
(i) is a
publicly traded entity subject to |
12 | | Federal 10K reporting, in which case it may
submit its 10K
|
13 | | disclosure in place of the prescribed disclosure, or (ii) is a |
14 | | privately held
entity that is exempt from Federal 10k reporting |
15 | | but has more than 100
shareholders, in which case it may submit |
16 | | the information that Federal 10k
reporting companies are |
17 | | required to report under 17 CFR 229.401 and list the
names of |
18 | | any person or entity holding any ownership share that is in |
19 | | excess of
5% in place of the prescribed disclosure. The form of |
20 | | disclosure shall
be prescribed by the applicable chief |
21 | | procurement officer and must include at
least the names,
|
22 | | addresses, and dollar or proportionate share of ownership of |
23 | | each person
identified in this Section, their instrument of |
24 | | ownership or beneficial
relationship, and notice of any |
25 | | potential conflict of interest resulting from
the current |
26 | | ownership or beneficial relationship of each individual |
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1 | | identified in
this Section having in addition any of the |
2 | | following relationships: |
3 | | (1) State employment, currently or in the previous 3 |
4 | | years, including
contractual employment of services. |
5 | | (2) State employment of spouse, father, mother, son, or |
6 | | daughter,
including
contractual employment for services in |
7 | | the previous 2 years. |
8 | | (3) Elective status; the holding of elective office of |
9 | | the State of
Illinois, the government of the United States, |
10 | | any unit of local government
authorized by the Constitution |
11 | | of the State of Illinois or the statutes of the
State of |
12 | | Illinois currently or in the previous 3 years. |
13 | | (4) Relationship to anyone holding elective office |
14 | | currently or in the
previous 2 years; spouse, father, |
15 | | mother, son, or daughter. |
16 | | (5) Appointive office; the holding of any appointive |
17 | | government office of
the State of Illinois, the United |
18 | | States of America, or any unit of local
government |
19 | | authorized by the Constitution of the State of Illinois or |
20 | | the
statutes of the State of Illinois, which office |
21 | | entitles the holder to
compensation in excess of expenses |
22 | | incurred in the discharge of that office
currently or in |
23 | | the previous 3 years. |
24 | | (6) Relationship to anyone holding appointive office |
25 | | currently or in the
previous 2 years; spouse, father, |
26 | | mother, son, or daughter. |
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1 | | (7) Employment, currently or in the previous 3 years, |
2 | | as or by any
registered lobbyist of the State government. |
3 | | (8) Relationship to anyone who is or was a registered |
4 | | lobbyist in the
previous 2 years; spouse, father, mother, |
5 | | son, or daughter. |
6 | | (9) Compensated employment, currently or in the |
7 | | previous 3 years, by any
registered election or re-election |
8 | | committee registered with the Secretary of
State or any |
9 | | county clerk in the State of Illinois, or any political |
10 | | action
committee registered with either the Secretary of |
11 | | State or the Federal Board of
Elections. |
12 | | (10) Relationship to anyone; spouse, father, mother, |
13 | | son, or daughter; who
is or was a compensated employee in |
14 | | the last 2 years of any registered
election or re-election |
15 | | committee registered with the Secretary of State or any
|
16 | | county clerk in the State of Illinois, or any political |
17 | | action committee
registered with either the Secretary of |
18 | | State or the Federal Board of
Elections. |
19 | | (b-1) The disclosure required under this Section must also |
20 | | include the name and address of each lobbyist required to |
21 | | register under the Lobbyist Registration Act and other agent of |
22 | | the bidder, offeror, potential contractor, contractor, or |
23 | | subcontractor who is not identified under subsections (a) and |
24 | | (b) and who has communicated, is communicating, or may |
25 | | communicate with any State officer or employee concerning the |
26 | | bid or offer. The disclosure under this subsection is a |
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1 | | continuing obligation and must be promptly supplemented for |
2 | | accuracy throughout the process and throughout the term of the |
3 | | contract if the bid or offer is successful. |
4 | | (b-2) The disclosure required under this Section must also |
5 | | include, for each of the persons identified in subsection (b) |
6 | | or (b-1), each of the following that occurred within the |
7 | | previous 10 years: suspension or debarment from contracting |
8 | | with any governmental entity; professional licensure |
9 | | discipline; bankruptcies; adverse civil judgments and |
10 | | administrative findings; and criminal felony convictions. The |
11 | | disclosure under this subsection is a continuing obligation and |
12 | | must be promptly supplemented for accuracy throughout the |
13 | | process and throughout the term of the contract if the bid or |
14 | | offer is successful. |
15 | | (c) The disclosure in subsection (b) is not intended to |
16 | | prohibit or prevent
any
contract. The disclosure is meant to |
17 | | fully and publicly disclose any potential
conflict to the chief |
18 | | procurement officers, State purchasing officers, their
|
19 | | designees, and executive officers so they may adequately |
20 | | discharge their duty
to protect the State. |
21 | | (d) When a potential for a conflict of interest is |
22 | | identified, discovered, or reasonably suspected, the chief |
23 | | procurement officer or State procurement officer shall send the |
24 | | contract to the Procurement Policy Board and the Commission on |
25 | | Equity and Inclusion . In accordance with the objectives of |
26 | | subsection (c), if the Procurement Policy Board or the |
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1 | | Commission on Equity and Inclusion finds evidence of a |
2 | | potential conflict of interest not originally disclosed by the |
3 | | bidder, offeror, potential contractor, contractor, or |
4 | | subcontractor, the Board or the Commission on Equity and |
5 | | Inclusion shall provide written notice to the bidder, offeror, |
6 | | potential contractor, contractor, or subcontractor that is |
7 | | identified, discovered, or reasonably suspected of having a |
8 | | potential conflict of interest. The bidder, offeror, potential |
9 | | contractor, contractor, or subcontractor shall have 15 |
10 | | calendar days to respond in writing to the Board or the |
11 | | Commission on Equity and Inclusion , and a hearing before the |
12 | | Board or the Commission on Equity and Inclusion will be granted |
13 | | upon request by the bidder, offeror, potential contractor, |
14 | | contractor, or subcontractor, at a date and time to be |
15 | | determined by the Board or the Commission on Equity and |
16 | | Inclusion , but which in no event shall occur later than 15 |
17 | | calendar days after the date of the request. Upon |
18 | | consideration, the Board or the Commission on Equity and |
19 | | Inclusion shall recommend, in writing, whether to allow or void |
20 | | the contract, bid, offer, or subcontract weighing the best |
21 | | interest of the State of Illinois. All recommendations shall be |
22 | | submitted to the Executive Ethics Commission. The Executive |
23 | | Ethics Commission must hold a public hearing within 30 calendar |
24 | | days after receiving the Board's or the Commission on Equity |
25 | | and Inclusion's recommendation if the Procurement Policy Board |
26 | | or the Commission on Equity and Inclusion makes a |
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1 | | recommendation to (i) void a contract or (ii) void a bid or |
2 | | offer and the chief procurement officer selected or intends to |
3 | | award the contract to the bidder, offeror, or potential |
4 | | contractor. A chief procurement officer is prohibited from |
5 | | awarding a contract before a hearing if the Board or the |
6 | | Commission on Equity and Inclusion recommendation does not |
7 | | support a bid or offer. The recommendation and proceedings of |
8 | | any hearing, if applicable, shall be available to the public. |
9 | | (e) These thresholds and disclosure do not relieve the |
10 | | chief procurement
officer, the State purchasing officer, or
|
11 | | their designees from reasonable care and diligence for any |
12 | | contract, bid,
offer, or submission to a vendor portal. The |
13 | | chief procurement officer, the State purchasing officer, or
|
14 | | their designees shall be
responsible for using any reasonably |
15 | | known and publicly available information
to
discover any |
16 | | undisclosed potential conflict of interest and act to protect |
17 | | the
best interest of the State of Illinois. |
18 | | (f) Inadvertent or accidental failure to fully disclose |
19 | | shall render the
contract, bid, offer, proposal, subcontract, |
20 | | or relationship voidable by the chief procurement
officer if he |
21 | | or she deems it in
the best interest of the State of Illinois |
22 | | and, at his or her discretion, may
be cause for barring from |
23 | | future contracts, bids, offers, proposals, subcontracts, or
|
24 | | relationships with the State for a period of up to 2 years. |
25 | | (g) Intentional, willful, or material failure to disclose |
26 | | shall render the
contract, bid, offer, proposal, subcontract, |
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1 | | or relationship voidable by the chief procurement
officer if he |
2 | | or she deems it in
the best interest of the State of Illinois |
3 | | and shall result in debarment from
future contracts, bids, |
4 | | offers, proposals, subcontracts, or relationships for a period |
5 | | of not less
than 2 years and not more than 10 years. |
6 | | Reinstatement after 2 years and
before 10 years must be |
7 | | reviewed and commented on in writing by the Governor
of the |
8 | | State of Illinois, or by an executive ethics board or |
9 | | commission he or
she
might designate. The comment shall be |
10 | | returned to the responsible chief
procurement officer who must
|
11 | | rule in writing whether and when to reinstate. |
12 | | (h) In addition, all disclosures shall note any other |
13 | | current or pending
contracts, bids, offers, proposals, |
14 | | subcontracts, leases, or other ongoing procurement |
15 | | relationships the bidder, offeror, potential contractor, |
16 | | contractor, or subcontractor has with any other unit of State
|
17 | | government and shall clearly identify the unit and the |
18 | | contract, offer, proposal,
lease, or other relationship. |
19 | | (i) The bidder, offeror, potential contractor, or |
20 | | contractor has a continuing obligation to supplement the |
21 | | disclosure required by this Section throughout the bidding |
22 | | process during the term of any contract, and during the vendor |
23 | | portal registration process. |
24 | | (Source: P.A. 97-490, eff. 8-22-11; 97-895, eff. 8-3-12; |
25 | | 98-1076, eff. 1-1-15 .) |
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1 | | Section 115-130. The Business Enterprise for Minorities, |
2 | | Women, and Persons with
Disabilities Act is amended by changing |
3 | | Sections 2, 4, 4f, 5, 7, and 8 and by adding Section 5.5 as |
4 | | follows:
|
5 | | (30 ILCS 575/2)
|
6 | | (Section scheduled to be repealed on June 30, 2024) |
7 | | Sec. 2. Definitions.
|
8 | | (A) For the purpose of this Act, the following
terms shall |
9 | | have the following definitions:
|
10 | | (1) "Minority person" shall mean a person who is a |
11 | | citizen or lawful
permanent resident of the United States |
12 | | and who is any of the following:
|
13 | | (a) American Indian or Alaska Native (a person |
14 | | having origins in any of the original peoples of North |
15 | | and South America, including Central America, and who |
16 | | maintains tribal affiliation or community attachment). |
17 | | (b) Asian (a person having origins in any of the |
18 | | original peoples of the Far East, Southeast Asia, or |
19 | | the Indian subcontinent, including, but not limited |
20 | | to, Cambodia, China, India, Japan, Korea, Malaysia, |
21 | | Pakistan, the Philippine Islands, Thailand, and |
22 | | Vietnam). |
23 | | (c) Black or African American (a person having |
24 | | origins in any of the black racial groups of Africa). |
25 | | (d) Hispanic or Latino (a person of Cuban, Mexican, |
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1 | | Puerto Rican, South or Central American, or other |
2 | | Spanish culture or origin, regardless of race). |
3 | | (e) Native Hawaiian or Other Pacific Islander (a |
4 | | person having origins in any of the original peoples of |
5 | | Hawaii, Guam, Samoa, or other Pacific Islands).
|
6 | | (2) "Woman" shall mean a person who is a citizen or |
7 | | lawful permanent
resident of the United States and who is |
8 | | of the female gender.
|
9 | | (2.05) "Person with a disability" means a person who is |
10 | | a citizen or
lawful resident of the United States and is a |
11 | | person qualifying as a person with a disability under |
12 | | subdivision (2.1) of this subsection (A).
|
13 | | (2.1) "Person with a disability" means a person with a |
14 | | severe physical or mental disability that:
|
15 | | (a) results from:
|
16 | | amputation,
|
17 | | arthritis,
|
18 | | autism,
|
19 | | blindness,
|
20 | | burn injury,
|
21 | | cancer,
|
22 | | cerebral palsy,
|
23 | | Crohn's disease, |
24 | | cystic fibrosis,
|
25 | | deafness,
|
26 | | head injury,
|
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1 | | heart disease,
|
2 | | hemiplegia,
|
3 | | hemophilia,
|
4 | | respiratory or pulmonary dysfunction,
|
5 | | an intellectual disability,
|
6 | | mental illness,
|
7 | | multiple sclerosis,
|
8 | | muscular dystrophy,
|
9 | | musculoskeletal disorders,
|
10 | | neurological disorders, including stroke and |
11 | | epilepsy,
|
12 | | paraplegia,
|
13 | | quadriplegia and other spinal cord conditions,
|
14 | | sickle cell anemia,
|
15 | | ulcerative colitis, |
16 | | specific learning disabilities, or
|
17 | | end stage renal failure disease; and
|
18 | | (b) substantially limits one or more of the |
19 | | person's major life activities.
|
20 | | Another disability or combination of disabilities may |
21 | | also be considered
as a severe disability for the purposes |
22 | | of item (a) of this
subdivision (2.1) if it is determined |
23 | | by an evaluation of
rehabilitation potential to
cause a |
24 | | comparable degree of substantial functional limitation |
25 | | similar to
the specific list of disabilities listed in item |
26 | | (a) of this
subdivision (2.1).
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1 | | (3) "Minority-owned business" means a business which |
2 | | is at least
51% owned by one or more minority persons, or |
3 | | in the case of a
corporation, at least 51% of the stock in |
4 | | which is owned by one or
more minority persons; and the |
5 | | management and daily business operations of
which are |
6 | | controlled by one or more of the minority individuals who |
7 | | own it.
|
8 | | (4) "Women-owned business" means a business which is at |
9 | | least
51% owned by one or more women, or, in the case of a |
10 | | corporation, at
least 51% of the stock in which is owned by |
11 | | one or more women; and the
management and daily business |
12 | | operations of which are controlled by one or
more of the |
13 | | women who own it.
|
14 | | (4.1) "Business owned by a person with a disability" |
15 | | means a business
that is at least 51% owned by one or more |
16 | | persons with a disability
and the management and daily |
17 | | business operations of which
are controlled by one or more |
18 | | of the persons with disabilities who own it. A
|
19 | | not-for-profit agency for persons with disabilities that |
20 | | is exempt from
taxation under Section 501 of the Internal |
21 | | Revenue Code of 1986 is also
considered a "business owned |
22 | | by a person with a disability".
|
23 | | (4.2) "Council" means the Business Enterprise Council |
24 | | for Minorities, Women, and Persons with Disabilities |
25 | | created under Section 5 of this Act.
|
26 | | (4.3) "Commission" means, unless the context clearly |
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1 | | indicates otherwise, the Commission on Equity and |
2 | | Inclusion created under the Commission on Equity and |
3 | | Inclusion Act. |
4 | | (5) "State contracts" means all contracts entered into |
5 | | by the State, any agency or department thereof, or any |
6 | | public institution of higher education, including |
7 | | community college districts, regardless of the source of |
8 | | the funds with which the contracts are paid, which are not |
9 | | subject to federal reimbursement. "State contracts" does |
10 | | not include contracts awarded by a retirement system, |
11 | | pension fund, or investment board subject to Section |
12 | | 1-109.1 of the Illinois Pension Code. This definition shall |
13 | | control over any existing definition under this Act or |
14 | | applicable administrative rule.
|
15 | | "State construction contracts" means all State |
16 | | contracts entered
into by a State agency or public |
17 | | institution of higher education for the repair, |
18 | | remodeling,
renovation or
construction of a building or |
19 | | structure, or for the construction or
maintenance of a |
20 | | highway defined in Article 2 of the Illinois Highway
Code.
|
21 | | (6) "State agencies" shall mean all departments, |
22 | | officers, boards,
commissions, institutions and bodies |
23 | | politic and corporate of the State,
but does not include |
24 | | the Board of Trustees of the University of Illinois,
the |
25 | | Board of Trustees of Southern Illinois University,
the |
26 | | Board of Trustees
of Chicago State University, the Board of |
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1 | | Trustees of Eastern Illinois
University, the Board of |
2 | | Trustees of Governors State University, the Board of
|
3 | | Trustees of Illinois State University, the Board of |
4 | | Trustees of Northeastern
Illinois
University, the Board of |
5 | | Trustees of Northern Illinois University, the Board of
|
6 | | Trustees of Western Illinois University,
municipalities or |
7 | | other local governmental units, or other State |
8 | | constitutional
officers.
|
9 | | (7) "Public institutions of higher education" means |
10 | | the University of Illinois, Southern Illinois University, |
11 | | Chicago State University, Eastern Illinois University, |
12 | | Governors State University, Illinois State University, |
13 | | Northeastern Illinois University, Northern Illinois |
14 | | University, Western Illinois University, the public |
15 | | community colleges of the State, and any other public |
16 | | universities, colleges, and community colleges now or |
17 | | hereafter established or authorized by the General |
18 | | Assembly.
|
19 | | (8) "Certification" means a determination made by the |
20 | | Council
or by one delegated authority from the Council to |
21 | | make certifications, or by
a State agency with statutory |
22 | | authority to make such a certification, that a
business |
23 | | entity is a business owned by a
minority, woman, or person |
24 | | with a disability for whatever
purpose. A business owned |
25 | | and controlled by women shall be certified as a |
26 | | "woman-owned business". A business owned and controlled by |
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1 | | women who are also minorities shall be certified as both a |
2 | | "women-owned business" and a "minority-owned business".
|
3 | | (9) "Control" means the exclusive or ultimate and sole |
4 | | control of the
business including, but not limited to, |
5 | | capital investment and all other
financial matters, |
6 | | property, acquisitions, contract negotiations, legal
|
7 | | matters, officer-director-employee selection and |
8 | | comprehensive hiring,
operating responsibilities, |
9 | | cost-control matters, income and dividend
matters, |
10 | | financial transactions and rights of other shareholders or |
11 | | joint
partners. Control shall be real, substantial and |
12 | | continuing, not pro forma.
Control shall include the power |
13 | | to direct or cause the direction of the
management and |
14 | | policies of the business and to make the day-to-day as well
|
15 | | as major decisions in matters of policy, management and |
16 | | operations.
Control shall be exemplified by possessing the |
17 | | requisite knowledge and
expertise to run the particular |
18 | | business and control shall not include
simple majority or |
19 | | absentee ownership.
|
20 | | (10) "Business" means a business that has annual gross |
21 | | sales of less than $75,000,000 as evidenced by the federal |
22 | | income tax return of the business. A firm with gross sales |
23 | | in excess of this cap may apply to the Council for |
24 | | certification for a particular contract if the firm can |
25 | | demonstrate that the contract would have significant |
26 | | impact on businesses owned by minorities, women, or persons |
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1 | | with disabilities as suppliers or subcontractors or in |
2 | | employment of minorities, women, or persons with |
3 | | disabilities.
|
4 | | (11) "Utilization plan" means a form and additional |
5 | | documentations included in all bids or proposals that |
6 | | demonstrates a vendor's proposed utilization of vendors |
7 | | certified by the Business Enterprise Program to meet the |
8 | | targeted goal. The utilization plan shall demonstrate that |
9 | | the Vendor has either: (1) met the entire contract goal or |
10 | | (2) requested a full or partial waiver and made good faith |
11 | | efforts towards meeting the goal. |
12 | | (12) "Business Enterprise Program" means the Business |
13 | | Enterprise Program of the Department of Central Management |
14 | | Services. |
15 | | (B) When a business is owned at least 51% by any |
16 | | combination of
minority persons, women, or persons with |
17 | | disabilities,
even though none of the 3 classes alone holds at |
18 | | least a 51% interest, the
ownership
requirement for purposes of |
19 | | this Act is considered to be met or in excess of the entire |
20 | | contract goal . The
certification category for the business is |
21 | | that of the class holding the
largest ownership
interest in the |
22 | | business. If 2 or more classes have equal ownership interests,
|
23 | | the certification category shall be determined by
the business.
|
24 | | (Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
|
25 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
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1 | | (Section scheduled to be repealed on June 30, 2024)
|
2 | | Sec. 4. Award of State contracts.
|
3 | | (a) Except as provided in subsection (b), not less than 20% |
4 | | of
the total dollar amount of State contracts, as defined by |
5 | | the Secretary of
the Council and approved by the Council, shall |
6 | | be established as an aspirational goal to
be awarded to |
7 | | businesses owned by minorities,
women, and persons with |
8 | | disabilities; provided, however, that
of the total amount of |
9 | | all
State contracts awarded to businesses owned by
minorities, |
10 | | women, and persons with disabilities pursuant to
this Section, |
11 | | contracts representing at least 11% shall be awarded to |
12 | | businesses owned by minorities, contracts representing at |
13 | | least 7% shall be awarded to women-owned businesses, and |
14 | | contracts representing at least 2% shall be awarded to |
15 | | businesses owned by persons with disabilities.
|
16 | | The above percentage relates to the total dollar amount of |
17 | | State
contracts during each State fiscal year, calculated by |
18 | | examining
independently each type of contract for each agency |
19 | | or public institutions of higher education which
lets such |
20 | | contracts. Only that percentage of arrangements which |
21 | | represents the participation of businesses owned by
|
22 | | minorities, women, and persons with disabilities on such |
23 | | contracts shall
be included. State contracts subject to the |
24 | | requirements of this Act shall include the requirement that |
25 | | only expenditures to businesses owned by minorities, women, and |
26 | | persons with disabilities that perform a commercially useful |
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1 | | function may be counted toward the goals set forth by this Act. |
2 | | Contracts shall include a definition of "commercially useful |
3 | | function" that is consistent with 49 CFR 26.55(c).
|
4 | | (b) Not less
than 20% of the total dollar amount of State |
5 | | construction contracts is
established as an aspirational goal |
6 | | to be awarded to businesses owned by minorities, women, and |
7 | | persons with disabilities; provided that, contracts |
8 | | representing at least 11% of the total dollar amount of State |
9 | | construction contracts shall be awarded to businesses owned by |
10 | | minorities; contracts representing at least 7% of the total |
11 | | dollar amount of State construction contracts shall be awarded |
12 | | to women-owned businesses; and contracts representing at least |
13 | | 2% of the total dollar amount of State construction contracts |
14 | | shall be awarded to businesses owned by persons with |
15 | | disabilities.
|
16 | | (c) (Blank). |
17 | | (d) Within one year after April 28, 2009 (the effective |
18 | | date of Public Act 96-8), the Department of Central Management |
19 | | Services shall conduct a social scientific study that measures |
20 | | the impact of discrimination on minority and women business |
21 | | development in Illinois. Within 18 months after April 28, 2009 |
22 | | (the effective date of Public Act 96-8), the Department shall |
23 | | issue a report of its findings and any recommendations on |
24 | | |